6.2 Consultation within government
It is essential that full consultation takes place between the originating agency and other relevant, interested or affected agencies, prior to the matter becoming the subject of a formal submission.
Departments being consulted must be given adequate time to consider a draft submission. Clear feedback should be provided during the development of a submission on whether the views of consulted departments are accepted and how these are being reflected in the submission. Consulted departments should see the final version of the document before it is submitted to the Cabinet Secretariat for advance lodgement to ensure that they agree with the comments attributed to them.
Every attempt must be made to resolve disagreement between departments prior to the submission being lodged. However, submissions should not be unduly delayed because of a failure to reach full agreement. Where agreement cannot be reached on contentious issues, such differences should be outlined in the Consultation addendum to the submission.
Appointments to Government bodies, including those which are considered by Cabinet as a Significant Appointment submission and those made by a Minister and not considered by Cabinet, are subject to strict intra-government consultation requirements.
Governance and Constitutional Services, DPC, must be consulted in relation to any of the following:
- the ‘public interest case’ to establish a new government body as outlined in the Public Interest Map policy at the DPC's website (excluding companies and government owned corporations)
- all Significant Appointment submissions
- remuneration assessments for government bodies
- any proposal to appoint Members of Parliament to government bodies.
Consultation is also required with the Queensland Register of Nominees, a database of members of the community interested in being appointed to government bodies, and certain other relevant departments, as detailed below.
Consultation with a relevant Parliamentary Committee is also specified for some appointments under legislation.
Establishment of a Government Body
In accordance with the Public Interest Map policy at DPC’s website, Governance and Constitutional Services, DPC, must be consulted in relation to the establishment of any Government body (excluding companies and government owned corporations). In relation to the establishment of companies, QT will consult with Governance and Constitutional Services during preliminary consultation with departments who are seeking the Treasurer’s approval to form a company.
If it is proposed, as part of the public interest case process, that remuneration will be paid to appointees, Governance and Constitutional Services, must also be consulted in relation to the determination of the amount of remuneration. This consultation is required to ensure that remuneration rates in the submission are consistent with the Remuneration Procedures for Part-time Chairs and Members of Queensland Government Bodies. Consultation with the Public Sector Commission is also required for certain statutory office holder appointments to ensure remuneration rates are consistent with other Government policies (where applicable).
QT must be consulted in relation to Significant Appointments to companies and funding and remuneration as part of the public interest case.
Appointments to a Government Body
In order to achieve Government targets for the representation of women on government bodies and maintain the government’s target, departments should ensure that:
- selection panels, where applicable, reflect a gender mix
- nominating organisations, including industry bodies, propose equal numbers of male and female candidates and/or demonstrate how they have considered gender diversity in their recruitment and nomination process
- the letter to the Premier (including where appointments will be made by the Minister and not considered by Cabinet) and Significant Appointment submissions, detail the process used to achieve gender diversity, or provide reasons why gender diversity cannot be achieved.
The Office for Women can be consulted in relation to all appointments to Government bodies, including both those considered by Cabinet as a Significant Appointment submission and those made by a Minister and not considered by Cabinet.
The Office for Women will work with agencies to proactively identify opportunities for the appointment of women and suitably qualified female nominees, to assist agencies to achieve the Government’s target that 50 per cent of appointees to government bodies should be women and 50 per cent representation of women across in-scope boards.
Queensland Treasury must be consulted for Significant Appointments to companies.
The Queensland Register of Nominees is a database of applicants who would like to be considered for appointment to Queensland Government bodies.
Departments are required to complete a search of the register for appointments to government bodies. When completing a search of the register and considering nominees for appointment, consideration should be given to diversity on boards.
A search of the register is not required when:
- the legislation, under which the appointment is to be made, provides for the appointee to be nominated by a specific body or a specific type of body, internal or external to the government
- the appointment is judicial or quasi-judicial in nature.
When a search of the register is considered unnecessary, the consultation section of the Significant Appointment Cabinet submission, or the letter to the Premier (where appointments will be made by the Minister and not considered by Cabinet), should set out the reasons why the search was not conducted.
Ministers are required to raise all proposed appointments, regardless of whether they are significant or not, with the Premier in writing at least six weeks before the appointments are made. This letter should be lodged with the Premier through Governance and Constitutional Services and must include:
- the Government body membership, including details of new, outgoing and remaining members
- current curriculum vitae for all proposed appointees,
- that the Minister is satisfied with the suitability of the nominees, including that appropriate suitability checks have been carried out,
- that the Minister has ensured diversity of nominees, including details of the existing and proposed gender distribution on the body, as well as the process used to achieve gender diversity, or reasons why gender diversity could not be achieved
- that other Government policies regarding appointment of public servants, Members of Parliament or lobbyists have been considered.
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.
All Significant Appointment Cabinet submissions will need to reflect the consultation undertaken in the relevant sections of the submission as well as the consultation addendum attached to the submission.
The following departments and committees must be consulted prior to preparation of a submission in the specific instances listed.
Department of the Premier and Cabinet
The Cabinet Office
The Cabinet Office must be consulted in relation to all Cabinet proposals. Consultation must begin at the commencement of the policy development process with close liaison maintained through the whole process leading to Cabinet consideration.
The Cabinet Office has a primary role of coordination of government policy, their involvement in the development process from an early stage is essential to ensure the best possible policy outcome.
The Cabinet Office must be consulted in relation to all submissions to Queensland Parliamentary Committees, all responses to Queensland Parliamentary Committee reports, and all submissions to Commonwealth inquiries and Commonwealth Parliamentary Committees, including individual agency submissions of a factual nature only which are not going to Cabinet. (See also 8.0 Parliament and Legislation).
The Cabinet Office should be consulted where submissions progressing legislative proposals are likely to impact on Government institutions. There is a requirement to prepare an Institutional Impact Statement in these circumstances in accordance with the Government Institutional Impact Statement Guideline (see Preparation of the body of a Cabinet or Cabinet Committee submission in Appendices ). The Cabinet Office should also be consulted on subordinate legislation, including whether it should be classed as ‘significant’ and require Cabinet approval to progress (refer to 8.6 Subordinate Legislation).
The Cabinet Office, Intergovernmental Relations, must be consulted from an early stage in relation to Cabinet proposals involving other jurisdictions which are, or are likely to be, sensitive or raise whole-of-government considerations (e.g., matters associated with National Cabinet, international agreements and treaties, intergovernmental agreements, submissions to national or Parliamentary inquiries, etc.). (See also 10.0 Intergovernmental Relations matters).
The Cabinet Office, Performance Unit, must be consulted where advice is required on whether an Implementation Plan should be attached to a submission (as per Information requirements for submissions), as well as on any new whole-of-government planning or reporting requirements that are being proposed as part of the submission.
Parliamentary Liaison Officer
The Parliamentary Liaison Officer must be consulted on all proposed legislation, including amendments, responses to Parliamentary Committees, Committee referrals and the proposed establishment of inquiries. Consultation must begin when timelines for the passage and commencement of the legislation are being considered. This is often at the policy submission stage. Consultation must also occur on all Authority to Prepare and Authority to Introduce submissions. The purpose of this consultation is to ensure that sufficient time has been allowed for introduction, review by a relevant Parliamentary Portfolio Committee/s, and passage.
The Premier's written approval is required before any public announcement or arrangements are made concerning the passage and commencement of legislation. Refer to 8.2.4 Monitoring the legislative program.
Governance and Constitutional Services (Policy Submissions - Establishment of Government Body and Significant Appointment submissions)
Governance and Constitutional Services, must be consulted in relation to the establishment of government bodies and appointments to government bodies, as detailed in 6.2.1 Consultation on Establishment of and Appointments to a Government Body.
Strategic Communication (Major communication campaigns)
Where a department is proposing any major, sensitive, controversial, major impact, and/or television or equivalent advertising campaigns, Strategic Communication, should be aware of this proposal and provide advice in relation to the process for obtaining relevant approvals (email gacc@premiers.qld.gov.au).
Refer to 4.3.2 Matters to be considered by the Cabinet Budget Review Committee and 4.3.3 Consideration of major communication campaigns.
Office of the Queensland Parliamentary Counsel (OQPC)
In performing its drafting functions, OQPC has a specific statutory function to advise Ministers and units of the public sector on:
- alternative ways of achieving policy objectives
- the application of fundamental legislative principles.
OQPC should be consulted in the early stages of developing legislative proposals, preferably before finalising the drafting instructions attached to an Authority to Prepare a Bill submission.
Submissions must accurately reflect the results of consultation with OQPC, including in relation to the expected timeframes for drafting legislation.
The Working with OQPC on Queensland Legislation document provides more detail about interaction with OQPC on legislative proposals.
Public Sector Commission (PSC)
PSC must be consulted on issues relating to the management and governance of the Queensland public sector, including proposals involving:
- significant change management
- the structure and governance of government entities
- proposed legislative change which may impact on the structure of departments or employment arrangements
- the senior executive service
- workforce management and employment security issues
- any other matter relating to the statutory function of the Public Sector Commission.
Departments must consult with the Public Sector Commission on submissions with departmental full-time equivalent impacts to ensure the Government’s whole-of-sector approach to reprioritising efforts has been considered. This is to ensure, to the extent possible, that the skills of existing public service employees are considered when new projects or policies are to be implemented and to drive the internal reprioritisation of staff by agencies. Four weeks before advance submission (or as early as possible) departments should contact PSC through FTE@psc.qld.gov.au.
Consultation with the Public Sector Commission is also required for certain statutory office holder appointments to ensure remuneration rates align with Government policies (where applicable) administered by the PSC.
Queensland Treasury
Financial considerations
QT has responsibility to advise government on the financial and budgetary implications of all Cabinet documents. Therefore, all Cabinet proposals with financial implications, whether implicit or explicit, direct or indirect, must be the subject of consultation with QT as early as possible during their development.
For appointments to Government bodies, QT should be consulted, through the Treasury CLLO, in relation to Significant Appointments to companies and funding and remuneration as part of the public interest case (refer to 5.1.1.6 Significant Appointment and to the Public Interest Map policy at the DPC’s website).
In drafting CBRC submissions with financial implications, originating agencies must consult closely with QT and agree to costing information that is to be included in the submission. Where the submission arises or follows on from earlier CBRC consideration, and costing information has been amended since the original submission, it must be agreed with QT, and a comprehensive explanation on the changes made should be outlined in the submission.
CBRC will not consider the proposal if prior agreement of QT to financial information has not been received and reflected in a proposed submission.
QT should also be consulted if proposals will affect State Penalties Enforcement Registry processes or resources.
Departments must notify the Office of Best Practice Regulation (OBPR) when a regulatory solution (including Primary and Subordinate Legislation and some quasi-regulation) has first been identified as a viable option to address a policy issue under consideration, either as a new policy or as part of a review. OBPR will provide agencies with preliminary advice on potential costs, benefits and risks from regulation for significant proposals or where proposals would benefit from early advice.
OBPR is available to provide guidance, assistance and support for all regulatory proposals to reflect best practice regulatory principles and meet the regulatory impact analysis requirements of The Queensland Government Better Regulation Policy available on the OBPR website (www.treasury.qld.gov.au/betterregulation).
National Competition Policy
QT is responsible for the coordination of National Competition Policy implementation across departments. In the first instance, agencies should consult with the relevant business groups within QT on all proposals that have competition implications including the following:
- proposed new or amending legislation (or reviews of legislation) which could contain restrictions on competition. Legislation that restrictions competition should be assessed under The Queensland Government Better Regulation Policy (see 8.2.3 The Queensland Government Better Regulation Policy). The Policy incorporates assessment requirements that were previously required under the Queensland Government’s Public Benefit Test process
- consideration of restructuring options for government business activities
- competitive neutrality issues.
Department of Justice and Attorney-General
The Department of Justice and Attorney-General (DJAG) must be consulted where proposals raise the creation of new offences, increased powers to police or other State officials, affect court or tribunal processes, or relates to a proposal for offences to be subject to infringement notices, or directly or indirectly require the provision of extensive legal representative services, for example by Legal Aid Queensland, or the provision of legal advice, in particular by the Crown Solicitor.
Where the advice of the Crown Solicitor has been sought in relation to a Cabinet proposal:
- the Attorney-General must be notified before lodgement of the final Cabinet submission
- the legal advice must be referenced in the body of the submission when prepared, and a copy of the advice attached
- DJAG must be included in the consultation addendum to the submission.
When proposing to establish a new right of review of a Queensland Government decision, or when proposing a significant change to an existing review process, the relevant Cabinet submission must set out how the issues identified in the Administrative Review Policy have been addressed. DJAG can provide advice on the application of the policy in specific circumstances.
Human Rights Impact
The Human Rights Act 2019 (the Act) requires human rights to be taken into account when developing legislation. A Statement of Compatibility must set out whether, in the opinion of the Member who has introduced the Bill, the Bill is compatible or incompatible with the human rights set out in the Act, and set out reasons that explain how a Bill is compatible or otherwise, and the nature and extent of an incompatibility. There is a similar requirement for subordinate legislation under section 41 of the Act, which requires a Human Rights Certificate to be tabled at the same time as the subordinate legislation.
In exceptional circumstances (such as a war, state of emergency, or exceptional crisis situation) an override declaration may be made (as per section 43 of the Act). This has the effect of declaring that an Act or provision has effect despite being incompatible with human rights.
Policy officers considering use of an override declaration should consult with the Human Rights Unit before proceeding with drafting instructions.
Inconsistency with the Corporations Act 2001 (Commonwealth)
Departments preparing legislation that could be inconsistent with the Corporations Act 2001 (Commonwealth) are required to consult with DJAG to ensure that Queensland's obligations arising from the Commonwealth-State Corporations Agreement are fulfilled. This Agreement provides that States must notify, and seek the approval of, the Legislative and Governance Forum for Corporations when proposing legislation that is inconsistent with the Corporations Act 2001 (Commonwealth).
Office for Women
The Office for Women must be consulted in relation to all appointments made to government bodies, including those made by a Minister and not considered by Cabinet. The Office for Women will work with agencies to proactively identify opportunities for the appointment of women and suitably qualified female nominees, to assist agencies meeting the government's target that 50 per cent of appointees to government bodies should be women.
The Office for Women must also be consulted where a submission needs to include consideration of a Gender Impact Analysis.
Department of Employment, Small Business and Training
The Strategy Division within Department of Employment, Small Business and Training (DESBT) must be consulted as early as possible during the development of an Employment and Skills Development Impact Statement for all Cabinet submissions (excluding Information and Significant Appointment submissions but including submissions to CBRC).
Queensland Government Customer and Digital Group
The Office of the Queensland Chief Customer and Digital Officer, Department of Transport and Main Roads must be consulted where a Cabinet or Cabinet Committee submission has a major information management or information technology and communications component. Such consultation should be noted in any subsequent Executive Council Minute.
The Queensland Government Customer and Digital Group has a leadership role across government in relation to information and communication technology matters. Its involvement in the development process from an early stage is essential to ensure a more centralised and coordinated approach to information and communication technology matters.
Department of State Development and Infrastructure
The Department of State Development and Infrastructure (DSDI) must be consulted on proposals dealing with infrastructure, project delivery, economic and resource development.
Integrated Development Assessment System
DSDI must be consulted to ensure conformity with the Integrated Development Assessment System (IDAS) principles when new legislation and regulations include development assessment and approval provisions.
Department of Housing, Local Government, Planning and Public Works
The Department of Housing, Local Government, Planning and Public Works (DHLGPPW) should be consulted on proposals that may affect housing supply and affordability.
Local Government
State agencies have a continuing responsibility to consult and communicate with local governments regarding policy and legislative proposals in accordance with the Agreement for the partnership and relationship between the Queensland Government and Local Government in Queensland (the Agreement).
The Queensland Government’s agreed role and responsibility is to ensure timely and meaningful engagement with individual councils when making decisions that directly impact their local government area. In particular, paragraph 4.2 of the Agreement outlines the responsibilities of State agencies as follows:
Undertake timely and meaningful engagement on all policy, legislation, strategy and program initiatives where Local Government has an interest, with where practicable, a minimum consultation period of four weeks to allow the Local Government Association of Queensland (LGAQ) to engage meaningfully with its members.
The Local Government Association Queensland (LGAQ) is the peak body representing Local Governments in Queensland and accordingly, as well as consulting with the DHLGPPW, departments need to consult separately with the LGAQ.
Departments are obliged to consult with the LGAQ at major stages of policy and legislative development. Further, Cabinet should be informed of the results of consultation with local government when policy and legislative proposals that affect local government are submitted for Cabinet consideration. DHLGPPW is responsible for whole-of-government coordination of State policies affecting local government.
DHLGPPW officers are available to assist departments in complying with the requirements of the Protocol.
Office of Industrial Relations (OIR)
Industrial Relations
Enterprise Bargaining Agreement CBRC submissions
The OIR provides whole-of-government guidance for public sector enterprise bargaining, including for Government Owned Corporations (GoC). Departments are required to consult with OIR prior to lodging bargaining frameworks and bargaining in-principle approval submissions to CBRC (or to the IR CEO’s Committee in the case of a bargaining framework which is wholly consistent with Public Sector Wages Policy of GoC Wages and Industrial Relations Policy) for consideration and approval.
The Minister responsible for Industrial Relations is to be a joint signatory on all CBRC submissions directly relating to public sector enterprise bargaining matters.
Establishment of a government body
In addition to the requirements at 6.2.1 Consultation on Establishment of and Appointments to a Government Body , Departments are required to consult with OIR – Industrial Relations Division when considering the establishment of a government body.
Workplace Health and Safety Queensland and the Electrical Safety Office
OIR is also responsible for improving work health and safety, delivering electrical safety services and regulating workers' compensation in Queensland. Departments should therefore ensure that Workplace Health and Safety Queensland, OIR, is consulted on all matters relating to or impacting health and safety practices for workers and workplaces in Queensland and Workers’ Compensation Regulatory Services, OIR, is consulted in relation to workers’ compensation policies in place for any new government bodies.
The Queensland Government is committed to reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples by working in genuine partnership and co-design with the community to develop laws, policies and services that impact on their lives. This reframed relationship underpins socio-economic targets that seek to close the gap in life outcomes between Aboriginal peoples and Torres Strait Islander people and non-Indigenous Australians.
The Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts must be consulted as early as possible in the policy development process to identify if there are any positive or negative impacts of the proposed policy to reframing the relationship and in meeting the four priority reform obligations and the socio-economic targets under the National Agreement on Closing the Gap.
Office for Youth
The Office for Youth can work with agencies to proactively identify opportunities for the appointment of young people (aged 18-25) to government boards and other bodies. The Office for Youth can also assist in recruiting candidates on request.
The Office for Youth should be consulted at an early stage on policies or legislation relating to the delivery of services to young people (aged 12-25), or that otherwise impact on young people. This is consistent with the Queensland Youth Charter.
Department of Child Safety, Seniors, and Disability Services
The Department of Child Safety, Seniors and Disability Services (DCSSDS) should be consulted as early as possible in the policy development process to identify if there are any positive or negative impacts of the proposed policy on the inclusion and rights of Queenslanders with disability and seniors, and how the policy initiative could potentially support the Queensland Government to meet its commitments under Australia’s Disability Strategy and Queensland's Disability Plan 2022-27.
DCSSDS will review relevant Cabinet Submissions to ensure that inclusive language is used.
Office for Rural and Regional Queensland
The Office for Rural and Regional Queensland must be consulted in relation to all Cabinet proposals to ensure that the rural and regional impacts of all proposals are fully considered. Consultation must begin at the commencement of the policy development process with close liaison maintained through the whole process leading to Cabinet consideration. Their involvement in the development process from an early stage is essential to ensure the best possible policy outcome for rural and regional communities.Queensland Ombudsman
The Queensland Ombudsman must be consulted on policies or legislation that potentially restrict the right of the citizen to bring a grievance to the Queensland Ombudsman and any matter which may affect that office or involve significant issues of public administration.
Caucus and Backbench Committees
Caucus and the relevant Backbench Committee should be consulted at the appropriate time in the development of any legislation. Caucus must be consulted prior to the legislation being introduced into Parliament.
