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Depa r tmen t o f P rem i e r a nd Cab i ne t

CABINET

HANDBOOK

GOVERNMENT OF TASMANIA

DEPARTMENT OF PREMIER AND CABINET

CABINET OFFICE

Level 4, 15 Murray Street

HOBART 7000

EMAIL : [email protected]

PHONE : 6270 5670

Cabinet Handbook - July 2014 2

1 Introduction 4

1.1 Purpose 4

1.2 Principles of Cabinet 4

1.3 Operation of Cabinet 5

1.4 Collective Responsibility and Cabinet Confidentiality 6

1.5 Matters Which Come Before Cabinet 7

1.6 Cabinet Agenda 9

1.7 Cabinet Decisions 9

1.8 Storage and Security of Documents 11

1.9 Types of Cabinet Submission 12

1.10 Administration of Cabinet Matters 12

2 Consultation 13

2.1 Prior Consultation on Cabinet Minutes 13

2.2 Prior Consultation Statement 14

2.3 Formal Consultation on Cabinet Minutes 14

2.4 Prior Consultation on Cabinet Briefings 14

3 Writing a Cabinet Minute 17

3.1 Presentation 17

3.2 Quality Policy Advice 18

3.3 Minute Cover Sheet 20

3.4 Purpose (Section 1 of the Cabinet Minute) 20

3.5 Recommendations (Section 2 of the Cabinet Minute) 20

3.6 Background (Section 3 of the Cabinet Minute) 22

3.7 Issues and Supporting Information (Section 4 of the Cabinet

Minute) 22

3.8 Options (Section 5 of the Cabinet Minute) 23

3.9 Minister's Signature and Date 23

3.10 Annexe Statements (Section 6 of the Cabinet Minute) 23

3.11 Financial Impact Statement (Annexe 6.1) 24

3.12 Economic and Employment Impact Statement (Annexe 6.2) 25

3.13 Social/Community Impact Statement (Annexe 6.3) 26

3.14 Legislative and Regulatory Impact Statement (Annexe 6.4) 26

3.15 Intergovernmental Relations Impact Statement (Annexe 6.5) 27

3.16 Community Consultation and Communications Strategy (Annexe

6.6) 28

3.17 Prior Consultation Statement (Annexe 6.7) 29

3.18 Other Attachments (Annexe 6.8) 29

4 Writing a Cabinet Briefing 30

4.1 Standard Requirements 30

4.2 Information Briefings 31

4.3 Appointment Briefings 31

4.4 Final Bill Briefings 33

4.5 Cabinet Committee Briefings 34


5 Style, Presentation and Format of Submissions 35

5.1 Cover Sheet 35

5.2 Body of the Submission 35

5.3 Attachments 36

5.4 Number of Copies 36

6 Lodgement of Cabinet Documents 37

6.1 Contact Officer Information 37

6.2 Timing for Lodgement and Listing for Cabinet 37

6.3 The Ten Day Rule 37

6.4 Cabinet Office Checks 38

7 Comments and Advisories 40

7.1 Comments 40

7.2 Cabinet Advisories 41

8 Cabinet Committees Guidelines 42

8.1 Cabinet Committees 42

8.2 Establishment 42

8.3 Operation 43

8.4 Committee Papers 43

8.5 Decisions 44

8.6 Storage and Disposal of Committee Papers 44

9 Other Matters Which Come to Cabinet 45

9.1 Executive Council Explanatory Note 45

9.2 Response to Parliamentary Questions on Notice 45

9.3 Response to Petitions 46

9.4 Response to Joint House and Select Committee Reports 46

10 Attachments 47

Attachment 1 - Image of Cabinet Minute cover page

Attachment 1 - Image of Cabinet Briefing cover page


1 Introduction

1.1 Purpose

1.1.1 This Handbook outlines the procedures for and conventions around the

operation of the Cabinet and its support processes. It is produced as a guide for staff in government agencies and ministerial offices.

1.1.2 These procedures are designed to ensure the efficient and effective presentation

of matters for consideration by Cabinet. For good governance, adherence to

the procedures is essential.

1.1.3 The handbook is maintained by the Cabinet Office in the Department of

Premier and Cabinet.

1.1.4 We welcome any suggestions or ideas either for improving the content and readability of the handbook or for improving the processes in which the Cabinet

Office is involved.

1.1.5 Cabinet Office staff are always available to advise and assist on matters of procedure. For general enquiries, contact the Cabinet office by telephoning

6230 5670.

1.2 Principles of Cabinet

1.2.1 The procedures and conventions contained in the Handbook are designed to ensure Cabinet and its associated processes take account of the following

fundamental principles.

1.2.2 Cabinet is ultimately responsible for the development, approval and coordination

of the policies of the Government.

1.2.3 Cabinet processes are established by the Premier to ensure all Ministers are

bound by the same rules and by high standards of probity.

1.2.4 A member of Cabinet who has a material interest in a matter to be discussed in Cabinet must declare the interest at the commencement of the meeting and

may be required to absent themselves from discussion on that matter. The fact

of the declaration and/or absenting will be recorded in any resulting Cabinet

Decision about the item in question.

1.2.5 Cabinet is collectively responsible for the performance of the Government. Each

Minister acts jointly with and on behalf of Cabinet colleagues in their capacity as Ministers. This is known as ‘collective responsibility’ and enhances joint support

for and adherence to all decisions made in Cabinet.

1.2.6 Consultation is an essential element of the Cabinet process.


1.2.7 Information to be considered by Cabinet is to be of the highest standard. To ensure informed decision-making can occur, the advice submitted to Cabinet

should be analytically rigorous, strategic in context, practical and relevant to the

needs of Ministers.

1.2.8 Cabinet proposals are to reflect a rigorous analysis of the issue; consideration of regulatory best practice principles, the public interest, whole-of-government

considerations and consistency across government policy. Submissions should

be strategic in context, practical and relevant.

1.2.9 The deliberations of Cabinet and Cabinet Committees shall be conducted in a

secure and confidential environment, and ongoing confidentiality of Cabinet and

related records shall be maintained.

1.3 Operation of Cabinet

1.3.1 The Government delivers policy through a Cabinet system of decision making, a

convention inherited from the Westminster Parliamentary system.

1.3.2 The use of a group of Ministers known as Cabinet as the prime decision making body is not explicitly provided for in the Constitution Act 1934 nor by any other

Tasmanian law.

1.3.3 In Tasmania the Cabinet comprises the Premier (as Chairperson) and all Ministers, and may include other members of Parliament, at the Premier’s

discretion.

1.3.4 Cabinet meets regularly (usually weekly) and meetings are chaired by the

Premier. Ministers and other members of Cabinet are expected to attend every meeting or provide the Premier with reasons for being unable to attend.

1.3.5 Agencies which prepare documentation for the consideration of Cabinet are

doing so on behalf of the responsible Minister. It is the Minister who presents matters to Cabinet for discussion. Ministers are responsible for the proposals

they bring forward, even where detailed development or drafting may have been

done on their behalf by officers.

1.3.6 Similarly, the decisions of Cabinet are put into effect by individual Ministers

whose actions are often authorised under particular Acts of Parliament or under

provisions endorsed by the Governor-in-Council. Cabinet decisions have no

legal standing till put into effect by the Parliament, the Executive Council or the

Minister.

1.3.7 Departmental officers and ministerial staff should at all times act in support of

Ministers' obligations to abide by Cabinet conventions and their Minister should be advised if there appears to be a breach of these conventions.


1.4 Collective Responsibility and Cabinet Confidentiality

1.4.1 The collective responsibility of Ministers for Government decisions requires collective adherence to all resolutions agreed in Cabinet. Cabinet decisions

reflect collective deliberation and are binding on all Cabinet members as

government policy.

1.4.2 The Cabinet process is designed to support the convention of collective

responsibility. To assist this, members of Cabinet are provided with all

documents in advance of a meeting so that they are aware of the business coming to Cabinet.

1.4.3 Cabinet’s ability to reach collective decisions is aided by agencies ensuring

adequate prior consultation on matters which come to Cabinet so that major

differences between portfolios are resolved or understood, before discussion in the Cabinet room.

1.4.4 The Cabinet system also supports collective responsibility by providing a

confidential environment which allows full and open discussion in order to reach a united conclusion which is binding on all members of Cabinet.

1.4.5 If a Minister is unable to publicly support a Cabinet decision, the proper course is

for him or her to resign from Cabinet. All Ministers are required to give their support in public debate to the collective decisions of and the policies

formulated by Cabinet. To dissent would leave a member of Cabinet with no

option but to resign from Cabinet.

1.4.6 Ministers are to ensure there is no announcement of policy initiatives or expenditure commitments which have not been given Cabinet authority or,

where appropriate, Governor-in-Council approval. In exceptional cases where

prior Cabinet clearance is not possible, proposed announcements must be cleared with the Premier.

1.4.7 Ministers are not to make public statements or comment on policy proposals

which they are bringing, or which are to be brought, to Cabinet. Promotion in public of a particular position may pre-empt Cabinet deliberations. Identification

of individual Ministers with particular views tends to call into question the

collective basis of agreed outcomes. Each portfolio Minister is responsible for direction and public presentation of policy within their portfolio responsibilities,

and other Ministers should avoid separate policy stances becoming matters of

public debate.

1.4.8 It is inappropriate for Ministers to accept invitations to speak about or comment publicly on matters outside their portfolio area without the prior approval of the

Premier. Where Ministers are required to speak publicly about an issue that

crosses portfolio boundaries, the Minister should either obtain a collective view

from Cabinet or discuss the issue with the Premier and other responsible

Ministers.


1.4.9 Cabinet confidentiality is supported by restricting the distribution of and access to Cabinet documents. Ministers, ministerial staff and agency officers must

ensure that Cabinet documents are securely stored and accessed on a strict

need-to-know basis (refer Section 1.8).

1.4.10 Collective responsibility is supported by the strict confidentiality afforded Cabinet documents and discussions in the Cabinet Room. Cabinet is a forum in which

Ministers, while working towards a collective position, are able to discuss

proposals and a variety of options and views with complete freedom. The

openness and frankness of discussions in the Cabinet Room are protected by the

strict observance of this confidentiality.

1.4.11 Having regard to the obligations imposed on Ministers by the conventions of

collective responsibility and Cabinet confidentiality, officers should not seek from

Ministers or from officers who may have been present, information about the

views of individual Ministers or about aspects of discussion in the Cabinet Room.

1.5 Matters Which Come Before Cabinet

1.5.1 The type of matters which are to come before Cabinet (or a Cabinet

Committee if relevant) include but are not limited to:

Any significant and/or politically sensitive policy issues, whether originating within the Government or from discussions with other governments,

including new policies and variations to existing policies;

Proposed major policy reviews that will require consultation within the

public sector, with the private sector or non-governmental organisations or

that will absorb significant government resources;

Significant portfolio policy announcements and politically sensitive Ministerial

Statements to Parliament;

Reports outlining the implementation of Cabinet decisions and key

government commitments;

Discussion papers on proposed government policy intended for public

consultation;

Any proposal which will require new or amending legislation;

Proposed references to, responses from, and the decisions of all Cabinet

Committees;

Matters of an intergovernmental nature that may constrain the

Government's ability to develop or amend policy, eg. national policy

strategies, Council of Australian Governments (COAG) agreements,


international treaties (particularly at the point when the Commonwealth

proposes to sign, ratify or take any legally binding action on a treaty);

Matters, including partnership agreements, likely to have an impact on

relations with the Commonwealth, other state or territory, or local

governments;

Proposed new or significant expansion of existing commercial activities or

Public Private Partnerships;

Major issues to be discussed, a report of significant outcomes to be agreed,

or agreements to be signed at Ministerial Councils or similar fora, where

Ministers are representing the Tasmanian Government;

Matters likely to have an impact on relations with public or private sector unions/staff, employer groups, significant community groups etc (including

governmental or departmental negotiating positions on significant industrial

relations issues);

Matters likely to have a major impact on community relations;

Major expenditure and revenue proposals, including proposals for specific

purpose payments or major capital works (These are usually considered

only in the Budget context);

Senior appointments in government departments (ie the salary is equivalent

to level 1 of the Senior Executive Service or higher);

Appointments of chief executive officers of government businesses;

Appointments to significant boards, committees, authorities and advisory

bodies, including directors of government businesses;1

Appointments to statutory offices;

Any appointment to be made by the Governor-in-Council;

Government submissions to Parliamentary Committees or to

Commonwealth inquiries and Parliamentary Committees and all Ministerial

1 An appointment is significant if: the members, in connection with their role on a body, receive

remuneration of any type from government funds, or are responsible for allocating government funds

or resources; it is to regulatory and licensing bodies, commissions, industry tribunals and boards,

consumer and other tribunals of appeal or redress, major research bodies, regional coordination or

service delivery bodies, bodies principally responsible for the natural and cultural heritage of the State

and principal advisory bodies to the government or Ministers; or a Minister considers he or she should

bring it to the attention of Cabinet because of the pre-eminence of the body in question, its scope

and/or influence or function, budgetary impact or whole-of-government interest.


responses to the reports of Parliamentary Committees prior to their tabling

in the Parliament;

Government responses to Private Members' Bills, Questions on Notice,

Petitions prior to their tabling in the Parliament; and

Any matter a Minister believes the Cabinet needs to be aware of,

particularly if collective responsibility is an important consideration.

1.5.2 Agencies should seek advice from the Cabinet Office or relevant Minister if they are uncertain about whether a particular matter should be submitted for

consideration by Cabinet.

1.6 Cabinet Agenda

1.6.1 Cabinet meetings are usually held on Mondays, but may be held on other days.

1.6.2 The Cabinet Office prepares a draft agenda for each Cabinet meeting (on the

basis of documentation it has received from Ministers) and submits it to the

Premier for approval early on the Wednesday prior to the Cabinet meeting.

1.6.3 The content and order of items on the final agenda are decided by the Premier.

1.6.4 The Cabinet Office distributes the Cabinet agenda, together with available

submissions and other documents, to each member of Cabinet, usually on the Thursday prior to the Cabinet meeting.

1.7 Cabinet Decisions

1.7.1 Decisions of Cabinet are notified to the Minister(s) responsible for actioning that

decision. A copy of the decision is also delivered directly to the relevant portfolio agency, and in some cases to other affected agencies.

1.7.2 Cabinet decisions are recorded by the Cabinet Secretary2.

1.7.3 When decisions of Cabinet are recorded, the official copy is lodged with the Cabinet Office.

1.7.4 The original of each decision is signed by the Secretary, Department of Premier

and Cabinet and the Premier.

2 The Cabinet Secretary may be a person appointed to that role under the Constitution Act 1934, a

Parliamentary Secretary to Cabinet appointed by the Premier, a member of Cabinet nominated by the

Premier, or the Secretary of the Department of Premier and Cabinet or his or her delegate. In this

Handbook the term "Cabinet Secretary" is used to refer to any of these positions.


1.7.5 An "action" copy of each decision is provided to the originating Minister(s), and the head(s) of the responsible portfolio agency and any other agency which may

be involved in the implementation of the decision.

1.7.6 The Minister and the relevant portfolio agency are responsible for informing,

consulting or liaising with other affected agencies concerning implementation of the decision.

1.7.7 Decisions relating to legislation are also copied to the Chief Parliamentary

Counsel. Decisions with financial implications are forwarded to the Secretary,

Department of Treasury and Finance. (These “for information” copies of

decisions are classified as short-term value records for the purposes of the

Archives Act and may be destroyed at the discretion of the receiving agency.)

1.7.8 A set of all Decisions (except those classified as “Secret”) arising from each

meeting of Cabinet is forwarded to every Member of Cabinet. This is referred

to as the "Consolidated Set".

1.7.9 Cabinet Decisions may not be copied. The means of conveying the essence of a Decision to officers involved in implementation and follow-up action is a matter for determination within the relevant ministerial offices or agencies.

Where precision is essential, and it is considered that this can only be achieved

through sighting a hard copy of the Decision, the Minister or head of the relevant agency should request, by writing to the Manager, Cabinet Office, that a

copy be made. It is the responsibility of the recipient of the Decision to ensure

that such copies are handled with an appropriate level of confidentiality.

1.7.10 The Premier may authorise a submission to be “Secret”. Submissions classified as “Secret” are subject to restricted distribution. Decisions to such submissions

are also classified “Secret”. When Secret Decisions (identified as such on the

envelope), are distributed to a ministerial office or agency they are to be opened by the Minister or addressee only.

1.7.11 To ensure that delays in formalising Cabinet Decisions are kept to a minimum

the Cabinet Office has instigated the following performance targets:

The time for preparing Cabinet decisions for the Premier’s endorsement,

following the end of a Cabinet meeting, shall not exceed three hours from

the time the Cabinet Secretary advises the Cabinet Office of any changes to

the draft decisions.

The time for preparing decision letters for distribution to Ministerial Offices, following signing by the Secretary, Department of Premier and Cabinet, shall

not exceed three hours.


1.8 Storage and Security of Documents

1.8.1 Cabinet confidentiality is supported by restricting the distribution of and access to Cabinet documents. Formal Cabinet papers are identified by unique security

features and a record of the distribution of documents is maintained.

1.8.2 Ministers, ministerial staff and agency officers are responsible for protecting the confidentiality of Cabinet documents. They must ensure that materials for

Cabinet are securely stored and accessed only on a strict need-to-know basis.

These measures must ensure that only appropriately authorised officers may access draft or finalised Cabinet materials in hard or electronic form.

1.8.3 All documents prepared for the purpose of submission to Cabinet must be

clearly identified as such, whether or not they form part of the documentation

which is finally submitted.

1.8.4 All matters prepared for the purpose of consideration by Cabinet, as well as the

deliberations and decisions of Cabinet, are confidential. Cabinet and Cabinet

Committees are forums in which Ministers must be able to freely and frankly discuss all options in relation to a matter before coming to a collective position.

1.8.5 Cabinet Office maintains hard copy files of all formal Cabinet documents for

archiving purposes. While agencies have an obligation to maintain appropriate records they must also ensure the protection of Cabinet confidentiality.

1.8.6 The following guidelines apply to the storage and distribution of hard copy and

electronic documents, including drafts or working documents:

Access and distribution is to be restricted to those directly involved in the

development or analysis of the document. When electronic Cabinet

documents are held by agencies, such documents must be stored in secure directories with access provided on a need-to know-basis. Authors are to

ensure that recipients understand the need for confidentiality of such

documents;

Printed copies are to be transmitted and stored securely, eg use a sealed envelope, hand deliver documents and ensure that documents are not left

exposed on desks or counters;

Once a document has been finalised, previous drafts which have no

continuing relevance should be destroyed. Printed copies of documents may be shredded or arrangements made for destruction by an approved

security shredding agent. This destruction is authorised in the Disposal

Schedule for Short-term Value Records DA No. 1258 issued by the State

Archivist;

Action copies of Decisions or final versions of submissions, when retained

by agencies, must be kept in a secure system and not on general

departmental files;


The security and handling procedures apply equally to electronic versions of Cabinet documents. Only the finalised version of Cabinet documents

should be retained after submission to Cabinet; and

Faxing or emailing of documents is only to be undertaken after the security

of such transmission has been considered.

1.9 Types of Cabinet Submission

1.9.1 There are currently two types of Cabinet submission, a Minute and a Briefing:

A Minute is a submission containing recommendations for consideration and

decision by Cabinet. It should provide a detailed analysis of the issues

involved and an analysis of the options from which the recommendations

emerge. Detailed information about Cabinet Minutes is provided at Section

3; and

A Briefing is the form of submission used to provide information which does not require Cabinet to make any decision other than to note the

information. Briefings are used for appointments, returning bills for final

approval, and presenting Committee Minutes or other information for endorsement. The format of Briefings is tailored to the type of information

being presented. Detailed information about Cabinet Briefings is provided

at Section 4.

1.9.2 In this Handbook the term "submission" refers equally to Minutes and Briefings.

These latter terms are used only if the process or documentation is unique to

one or other of them.

1.10 Administration of Cabinet Matters

1.10.1 The Cabinet Office is part of the Executive Division of the Department of Premier and Cabinet. It is located on Level 4, Executive Building, 15 Murray

Street, Hobart.

1.10.2 The Cabinet Office is responsible for the routine administration of Cabinet

matters and acts in accordance with policies established by Cabinet and procedures set out in this Handbook.

1.10.3 As Cabinet meets almost weekly throughout the year the Cabinet Office

adheres to a strict timetable of activity in preparation for each meeting.

1.10.4 Advice on matters of procedure can be obtained by telephoning the Manager on

6270 5670.


2 Consultation

2.1 Prior Consultation on Cabinet Minutes

2.1.1 Prior consultation is an essential element in the preparation of a Cabinet

Minute. Agencies initiating a Cabinet Minute must ensure that they

consider the interests of other departments and relevant external

stakeholders. In particular, all government agencies which may have an

interest in or be affected by the matter should be consulted before a

Minute is signed and lodged with the Cabinet Office.

2.1.2 Consultation during the preparation of Minutes should uncover and resolve, as far as possible, any problems or policy conflicts arising from the

proposal. Ineffective consultation frequently leads to delays in Cabinet’s

consideration of the proposal, with Ministers likely to be directed by

Cabinet to undertake appropriate consultation prior to further consideration by Cabinet.

2.1.3 Early and genuine consultation is required to ensure high quality advice to

Cabinet. Genuine consultation should aim to identify and resolve potential conflicts before the matter reaches Cabinet, and will usually entail more

than the circulation of a draft submission for the information of other

agencies. It is important that adequate time is allowed for agencies to examine and respond to issues identified during the consultation process.

2.1.4 It is at the discretion of the sponsoring Minister to determine the range of

preliminary consultation to be undertaken in the preparation of a Minute.

In general, consultation should be as wide as practicable and include other Ministers and agencies which may have an interest in the matter. Local

government, industry and community bodies may also need to be

consulted. Where consultation is undertaken outside of the Government,

care must be exercised to ensure that confidential information is

adequately protected.

2.1.5 Where matters considered in the Cabinet Minute are likely to have substantial implications for Local Government or it is considered Local

Government may have an interest in the matter, Local Government should

be consulted before the Minute is signed and lodged with the Cabinet Office. This requirement is the subject of a state-wide Local Government

Partnership Agreement which provides further information on processes and protocols on consultation with Local Government with respect to

Cabinet documents. Information concerning the Agreement may be

obtained from the Local Government Division within the Department of Premier and Cabinet.


2.1.6 The Departments of Premier and Cabinet and Treasury and Finance will

usually have an interest in all Cabinet Minutes, and should always be consulted for assessment from a whole-of-government perspective.

2.2 Prior Consultation Statement

2.2.1 Annexe 6.7 of a Cabinet Minute ('Prior Consultation') is to provide

Cabinet with information about consultation on the Minute prior to its submission to Cabinet. It should include:

The name of agencies, organisations and/or other parties consulted;

The method(s) of consultation;

A summary of the views of each party;

How the views of each party are incorporated in the Minute (or why

they are not); and

In the case of Local Government, an indication that the agreed

protocols have been followed.

2.3 Formal Consultation on Cabinet Minutes

2.3.1 On receipt in Cabinet Office final Cabinet Minutes (and sometimes Briefings, see section 2.4) are assessed and forwarded to agencies and/or

Government businesses so that formal consultation comments may be

provided. Comment will be sought from any relevant, interested or

affected agency or Government business (see Section 7).

2.3.2 Submissions classified as “Secret” are subject to restricted distribution.

When Secret Minutes (identified as such on the envelope), are distributed

to a ministerial office or agency they are to be opened by the Minister or

addressee only.

2.3.3 The formal consultation process undertaken by the Cabinet Office after

the lodgement of a Cabinet Minute is not a substitute for the thorough

prior consultation which should be undertaken as part of the preparation of the submission. Formal consultation will usually identify for Cabinet

instances where prior consultation has been inadequate or where

identified issues have not been resolved.

2.4 Prior Consultation on Cabinet Briefings

2.4.1 Consultation with government agencies is not necessary for Briefings on

Final Bills, Committee decisions or Senior Appointments.


2.4.2 Consultation on Information Briefings is generally not required but may be

undertaken at the discretion of the sponsoring Minister.

2.4.3 Consultation is required for Briefings on appointments to Government

boards, authorities, committees etc if:

The necessity to consult with particular interest groups is specified in

the relevant Act; or

There is a gender imbalance in the proposed membership of the

board, authority or committee.

2.4.4 Nominees selected for appointment should be consulted to ensure that

they have no business or personal interest, real or perceived, which might conflict with the interest of the board, authority or committee to which

appointment is proposed. This consultation is essential as all appointment

Briefings include a declaration by the sponsoring Minister that no such conflict exists.

2.4.5 Where boards, authorities, committees etc are established by legislation

there may be a requirement to consult with specified bodies concerning

nominations for appointment. Agencies must ensure that such legislative requirements have been fulfilled prior to presenting nominations to the

Minister.

2.4.6 The Government is committed to gender equity in the membership of

Government boards and committees.

2.4.7 Unless the proposed membership meets the Government’s target of equal

gender balance, Cabinet Briefings for board appointments will need to

include a completed Tasmanian Women’s Register Appointment

Certification form (appointments to Tasmanian Government business and

state owned corporation board positions are exempt). Without the Premier’s specific approval to do so, the Cabinet Office will not accept a

Cabinet briefing for non-commercial board appointments unless the

proposed membership meets the Government’s target of equal gender

balance or the Briefing includes a completed and signed Certification form.

Gender Equity Guidelines and a template for the Certification Form may

be found at www.dpac.tas.gov.au/divisions/executive/cabinet_office.

http://www.dpac.tas.gov.au/divisions/executive/cabinet_office


2.4.8 When a gender imbalance does or may exist, agencies must consult with

the Tasmanian Women’s Register at an early stage of the process of seeking nominations for appointment. The Community Development

Division (CDD) of the Department of Premier and Cabinet maintains the

Tasmanian Women’s Register to assist agencies in identifying suitably skilled and/or qualified women candidates with a wide variety of

experience, interest and expertise in the community and Public Service,

and may also conduct an executive search for suitable women candidates.

2.4.9 When a vacancy is to be filled by the nomination of a non-government

organisation, the agency concerned must ensure that such organisations

are informed of the Government’s commitment to gender equity on

government boards and committees, and should request that the organisation give appropriate consideration to the representation of

women when making nominations for appointment. Such organisations

may also be referred to CDD for assistance in locating suitable candidates.


3 Writing a Cabinet Minute

3.1 Presentation

3.1.1 Because of the significant workload and pressures borne by Ministers,

Minutes must:

Be presented in the approved format to enable Ministers to focus

easily on particular aspects of the proposal;

Put forward an agreed basis of facts upon which discussion can

proceed;

Succinctly and clearly identify the essential issues for consideration;

Indicate realistic policy options and their implications; and

Make clear recommendations which 'stand alone' so that it is not necessary to refer to the body of the Minute, or to attachments, to

clarify the intent of the recommendations. In exceptional

circumstances where a decision must contain extensive information

the detail may be included in an attachment.

3.1.2 Minutes which do not meet standard requirements will be returned by the

Cabinet Office to the sponsoring Minister (or agency responsible for

drafting the document) for amendment before being placed on a Cabinet agenda.

3.1.3 Minutes should be as short as practicable and ideally should not exceed six

pages, including the front cover of the Minute. The six page limit does not include annexes to the Minute. Agencies intending to prepare Minutes

longer than six pages should first consult with the Cabinet Office.

3.1.4 The body of the Minute, which immediately follows the cover sheet,

should be succinct and cover the essential matters for consideration under

the following headings:

Purpose

Recommendations

Background

Issues and Supporting Information


Options

Annexes.

3.1.5 A sample Cabinet Minute is provided as Example 1 in the Cabinet

Handbook Examples volume.

3.2 Quality Policy Advice

3.2.1 The Policy Division of the Department of Premier and Cabinet has defined

the major qualities of good policy advice as being analytically rigorous,

strategic in context, and practical and relevant. A number of indicators

have been developed to assist in the assessment of the quality of policy

advice, and the following checklist may be a useful tool when writing a

Cabinet Minute.

Analytical Rigour

1. Clear statement of purpose - What is the intention of the

document? - What is the document aiming to

achieve?

- Who is it for?

2. Sound reasoning/logic - What are the assumptions behind the advice?

- Is the logic behind the options

presented clear?

- Is there a clear conclusion or

recommendations?

3. Evidence based,

up-to-date

- Is the information current?

- Is it based on sound evidence? - If there is scant evidence, is that

noted?

4. Balanced, represents

viewpoints and presents options that take account of

implementation issues

- Does it clearly state the risks and

benefits? - Are the options realistic?

- Have stakeholder and interest group

concerns been taken into account (if

relevant)?

- Are there multiple points of view that

need to be highlighted?

5. Accurate - Is the information presented correct, clear and unambiguous?

Strategic Context


1. Takes account of

government priorities and

parliamentary/government/ public sector processes

- Does the advice demonstrate an

awareness of the wider environment,

the political context, and of the views and constraints of the

Minister/Government?

- Have the consequences of following the advice been considered?

- Is the advice impartial and politically

neutral?

2. Considers intergovernmental agreements and priorities

- Does it take account of relevant COAG agreements, treaties,

ministerial council decisions and local

government initiatives?

3. Takes account of relevant legal, fiscal, social, economic,

environmental factors

- Have these factors been taken into account in the recommendations or

options presented?

4. Considers the Minister’s and

the Department’s role

- Is the advice aligned with the

Minister’s roles and responsibilities? - Does it accord with the

Department’s goals and values?

- Does it take account of the Department’s policies and applicable

legislative requirements?

5. Comprehensive, evidence of

appropriate consultation and

collaboration

- Does the advice take into

consideration other relevant

departments’ and stakeholders’

stance on the issue?

- Are the points of difference noted?

Practicality and Relevance

1. Client focused (Premier,

Minister, Secretary)

- Is the advice tailored to the intended

audience? - Why is this issue important – why

does it require the client’s attention?

2. Timeliness – meets

deadlines, responsive

- If there is a ‘critical date’ to consider,

is it clear why the timing is critical?

- Has it been delivered in time to be

useful to the reader?

- If information is scant because of lack

of time, is this noted?

3. Well presented – concise,

uses plain English, makes

use of attachments, tables and diagrams where

- Does the information presented

conform with the Government Style

Manual? - Is the information presented clearly?


appropriate - Have tables, figures and attachments

been used (where appropriate) to

make the information clearer and easier to digest?

4. Advice is actionable – can

be implemented

- Is the implementation of the advice

feasible and achievable, taking into

account practical and administrative restrictions?

5. Considers the benefits, costs

and consequences

- Is the advice balanced?

- Does it take into account the potential costs, benefits and

consequences of the recommended

options?

3.3 Minute Cover Sheet

3.3.1 The cover sheet constitutes the first page of each Minute. The information for the cover sheet must be prepared on the template available from the

Cabinet Office web site:

www.dpac.tas.gov.au/divisions/executive/cabinet_office. The completed cover sheet is to be provided to the Cabinet Office on plain white paper,

to allow it to be photocopied directly on to the coloured cover sheet pro-

forma.

3.3.2 If space is inadequate to give a satisfactory summary for any of the cover

sheet headings, reference should be made to the relevant paragraph

number(s) in the body of the Minute or to an annexe where further details

have been provided.

3.3.3 An image of the coloured Minute coversheet is provided as Attachment 1.

3.4 Purpose (Section 1 of the Cabinet Minute)

3.4.1 The purpose should clearly and concisely state the aim of the proposal being brought forward to Cabinet, and should also identify any timing

constraints relating to the recommendations of the Minute.

3.5 Recommendations (Section 2 of the Cabinet Minute)

3.5.1 A comprehensive statement of the recommendation(s) for which Cabinet approval is sought must appear immediately following the statement of

purpose in the Minute. The recommendation(s) should contain no

argument or evidence, but should be confined to the action

recommended for approval. The recommendations form the basis of the Cabinet decision which will be recorded if the recommendations are

approved.



3.5.2 Recommendations should be self-contained and not state merely that

approval is sought for proposals outlined in the Minute. Tables, lengthy

detail from reports, etc do not need to be repeated in full, but precise

references to them should be used when appropriate. For example if a

particular report is referred to in the Recommendations then the full title, date and relevant page numbers of the report should be cited.

3.5.3 Recommendations are to cover all matters on which decisions are

required, but must also be concise and unequivocal. Lengthy recommendations raise the question of whether Cabinet is being asked to

decide on too much detail.

3.5.4 If appropriate, a recommendation relating to the financial aspects of the

Minute must be included. This should acknowledge reduced or increased receipts (or recommend the provision of additional funds) in the current

and future financial years, as detailed in the Financial Impact Statement

(Annexe 6.1). Note that Cabinet frequently decides to refer consideration of financial implications to the Budget Committee of Cabinet before a final

decision is made, and this should be stated in the Recommendations, if

likely.

3.5.5 When the Recommendations span more than one portfolio area, if it is

not clear from the context, they must state clearly which Minister has

responsibility for implementation for each specific part of the proposed

decision.

3.5.6 If an announcement of a decision is proposed, a Recommendation is to be

included to authorise a statement and, if appropriate, the timing of the

release of any statement, having regard to the Communications Strategy

(Annexe 6.6).

3.5.7 Recommendations should commence with the phrase:

"I RECOMMEND that Cabinet approves", or

"We RECOMMEND that Cabinet approves" in the case of joint

submissions.

3.5.8 Recommendations seeking approval to draft legislation should include

either:

[Standard recommendation]

“.....that Cabinet agrees:

That either the final draft Bill or a report on the progress of drafting will be submitted for consideration by Cabinet at a meeting on or before

<insert date 6 months from date of Minute>”, or


[For urgent Bills]“.....that Cabinet agrees:

“That either the final draft Bill or a report on the progress of drafting will be submitted before the Cabinet meeting scheduled after <insert date

agreed with Chief Parliamentary Counsel>”.

3.5.9 A page break must follow the Recommendations section so that the Background section always starts on a new page.

3.6 Background (Section 3 of the Cabinet Minute)

3.6.1 The Background section is used to provide a summary of the events

leading up to the proposal to be considered by Cabinet.

3.6.2 Reference may only be made to Cabinet’s previous consideration of a

subject if there has not been an election since the relevant decisions were

made. Relevant decision numbers and dates should be cited if the same

matter has previously been considered by the current Cabinet. Specific

references to Cabinet deliberations or decisions of a previous Government

must not be quoted. Copies of documents originating under a previous Government are not to be included as attachments.

3.6.3 Reference should be made to relevant policy commitments given by the

current Government. These should be specific. General reference to

main policy documents (eg. "Consistent with the Economic Strategy document") is inadequate

3.7 Issues and Supporting Information (Section 4 of the

Cabinet Minute)

3.7.1 This part of the Minute should identify, examine and analyse the issues for consideration and determination. Presentation should be logical, concise

and contain sufficient information to enable Ministers to focus quickly upon

the issues they are to determine.

3.7.2 Graphs, tables and illustrations may be used to clarify issues. They may be

in an attachment to the Minute, or if space permits, be included in the

body of the Minute. While graphs, pie charts etc are often useful, care should be taken to ensure that they are clear and unambiguous.


3.8 Options (Section 5 of the Cabinet Minute)

3.8.1 The principal options for the Government are to be stated and the

preferred option is to be clearly identified. There is usually insufficient room to develop at length the arguments for and against every option (this

information is usually canvassed in the Issues and Supporting Information

Section). However, Ministers need to have an understanding of the alternatives available, why a particular course of action is preferred, and the

outcomes of not proceeding with this course of action.

3.8.2 Except in a limited number of cases, an Options section which provides a

choice of only “accept” or “reject” one option is generally considered to

be inadequate.

3.9 Minister's Signature and Date

3.9.1 All Minutes must be signed by the sponsoring Minister prior to forwarding to Cabinet Office.

3.9.2 The Minister's name and portfolio should be typed in capital letters about

7 or 8 lines below the last line of the text, on the left hand side of the final

page using the form preferred by the Minister.

3.9.3 The date on which the Minute is signed by the Minister should be below

the Minister's name and signature. This date should be the same as that shown on the cover sheet, and may be handwritten once the Minister has

signed the document.

3.9.4 Joint Minutes must be signed by all sponsoring Ministers, and dated when

the last Minister signs.

3.10 Annexe Statements (Section 6 of the Cabinet Minute)

3.10.1 Annexe Statements are attached after the body of the Minute, following

the Minister's signature block. A heading for each of the Statements (6.1

- 6.9) must be included in the annexe list. The headings for the Statements to be included as annexes to all Minutes are:

6.1 Financial Impact Statement

6.2 Economic and Employment Impact Statement

6.3 Social/Community Impact Statement

6.4 Legislative and Regulatory Impact Statement

6.5 Intergovernmental Impact Statement


6.6 Community Consultation and Communications Strategy

6.7 Prior Consultation Statement

6.8 Other Attachments.

3.10.2 Information must be provided for each Annexe Statement, or a clear

statement made that this particular aspect of policy is not impacted.

3.10.3 It is not necessary for each Annexe Statement to begin on a new page.

3.11 Financial Impact Statement (Annexe 6.1)

3.11.1 The Department of Treasury and Finance should be consulted during

preparation of all Minutes.

3.11.2 Minutes requesting additional funding will not be considered until the

Department of Treasury and Finance’s evaluation of the submission is

available.

3.11.3 Minutes requiring additional funding for an agency are not generally to be

submitted to Cabinet if the net cost is less than 0.5% of the agency's total

discretionary expenditure. Clarification should be sought from

Department of Treasury and Finance if there are any queries about

meeting this criterion.

3.11.4 Typically Cabinet may decide to refer consideration of financial implications

to the Budget Committee of Cabinet before a final decision is made.

3.11.5 If the submission has no financial implications for any government agency, a

clear statement to this effect should be included at Annexe Statement 6.1

(see page 5 of Example 1 in the Cabinet Handbook Examples volume). If such a statement is included it is not necessary to include the Financial

Impact Statement proforma.

3.11.6 When there are financial implications, an explanation should be included at

Annexe Statement 6.1 (see page 5 of Example 1 in the Cabinet Handbook Examples volume) as well as the completed Financial Impact Statement

proforma which details the financial implications of the proposal.

3.11.7 An example of the pro-forma to be used for the Financial Impact Statement is shown at pages 9 and 10 of Example 1 in the Cabinet

Handbook Examples volume. The Statement is to detail:

All variations in expenditure/receipts affected by the proposal, even if

the net effect of the proposal is nil;


The effects on the Consolidated Fund, the Special Deposits and Trust

Fund and Statutory Authority funds;

The effects in the current financial year and the three succeeding

financial years; and

The effects on the resource allocations/receipts of any other agency.

The agreement or otherwise of these other agencies is to be stated.

3.11.8 The Department of Treasury and Finance cannot approve funding, but can assess the revenue and/or cost estimates and agree whether or not funds

additional to the Budget are required. Funds can only be approved by the

Treasurer and/or Cabinet.

3.12 Economic and Employment Impact Statement

(Annexe 6.2)

3.12.1 Any significant direct or indirect impact on the Tasmanian economy should

be detailed here. Reference should be made to the effects on specific

industry sectors and, where appropriate, to the impact in particular regions/localities. The following departments should be consulted in the

preparation of this Statement:

State Growth;

Treasury and Finance; and

Other departments or agencies responsible for a particular industry

sector which may be affected.

3.12.2 Describe how the proposal will lead to job creation and economic growth in Tasmania, including regional and local impacts. For example, how will the proposal:

provide support and greater certainty for business and investment in

the State, (eg, by making it cheaper and easier to business, or improve

access to economic opportunities);

stimulate and support a modern economy and build on our

competitive strengths (eg, in the fields of agriculture and aquaculture,

tourism, energy, and mining and forestry); and/or

support Tasmanians to equip themselves with the skills they need to

fully participate in the Tasmanian economy, and ensure Tasmanian

businesses have access to an appropriately skilled workforce.


3.12.3 Any impact on Tasmanian business is to be addressed, including an

indication of what action is planned to avoid/minimise any potentially negative impacts.

3.12.4 Where the proposal involves a major procurement activity, details are to

be provided on how the competitiveness of Tasmanian businesses will be assessed and, where appropriate, improved (eg joint venturing etc).

3.12.5 Additionally, the potential impacts of a proposal, including efficiency and

financial impacts, at an individual enterprise level, as well as the broader

economic and employment implications should be considered. In taking

into account these issues, consultation with Tasmanian businesses is

encouraged.

3.13 Social/Community Impact Statement (Annexe 6.3)

3.13.1 The aim of the Social/Community Impact Statement is to identify the

impact of each proposal on the well-being of families, small communities

etc. Issues which could be considered include:

The effect on particular groups such as single-parent families, geographically isolated groups, people of diverse language and cultural

backgrounds etc;

The effect on access to recreational, cultural and leisure activities; and

The effect on the environment.

3.14 Legislative and Regulatory Impact Statement

(Annexe 6.4)

3.14.1 This Statement is to be included when a Minute recommends

amendments to existing legislation, the enactment of new legislation or

promulgation of regulations. It should address both the regulatory impact as assessed by the Government's Legislation Review Program (LRP), and

the requirements of the drafting task as set out in the “Legislation Drafting

Checklist”.

3.14.2 The Legislation Drafting Checklist is designed to assist with the

management of the Government’s legislative program. The Checklist

should indicate the proposed date for completion of drafting if such a date

has been agreed with the Office of the Parliamentary Counsel.

3.14.3 The Legislation Drafting Checklist must be completed and included in the

Cabinet Minute at 6.8 - Other Attachments.


3.14.4 An example of the Checklist is included at page 11 of Example 1 in the

Cabinet Handbook Examples volume. A template is available at www.dpac.tas.gov.au/divisions/executive/cabinet_office.

3.14.5 Regulatory Impact – The Statement must address whether the agency has complied with the Government’s LRP. The LRP procedures and guidelines

outline the process for the review of existing legislation that restricts

competition and 'gatekeeper' arrangements for new or amending legislation that restrict competition or has a significant impact on business.

3.14.6 The Economic Review Unit in the Department of Treasury and Finance

provides advice on the processes required by the LRP.

3.14.7 When a Minister is recommending that restrictions on competition or

policies with significant negative impacts on business be introduced or

continue, the text of the Minute should clearly demonstrate why the proposal is warranted and how it is in the public benefit.

3.14.8 A copy of the relevant certificates required under the LRP must be

attached to the Cabinet Minute at Annexe 6.8 - Other Attachments.

3.15 Intergovernmental Relations Impact Statement

(Annexe 6.5)

3.15.1 Where proposals have implications for Local Government, the

Commonwealth, or other state or territory governments, the possible

effects are to be stated in the Minute. Any Local Government, Commonwealth or jurisdictional negotiations that are proposed (or the

result of any that have taken place) should be outlined.

3.15.2 The Intergovernmental Relations Impact Statement is to include:

Which entities or jurisdictions have been consulted and when;

The outcome of the consultation;

The impact of the proposal on Local Government, the

Commonwealth Government or other jurisdictions;

Any impact on the capacity of entities or jurisdictions to effectively

implement the proposal;

The need for further consultation and an outline of the proposed

communication strategy; and

The implementation monitoring arrangements.



3.15.3 The Statement should also outline whether the proposal is likely to impose

or cause additional financial or operational duty on Local Government.

3.16 Community Consultation and Communications

Strategy (Annexe 6.6)

3.16.1 This Statement should identify any need for community consultation and

outline a communications plan.

3.16.2 Community consultation and community engagement should be

undertaken in accordance with the Tasmanian Government Framework for

Community Engagement.

3.16.3 If the need for community consultation is identified, the Statement should provide an outline of how and when this will be undertaken.

3.16.4 A Communications Strategy should be attached to submissions in order to

inform Cabinet about how agencies intend to communicate particular decisions.

3.16.5 Draft text for a media release (if required), should be included with the

Communications Strategy Template. If a draft release is not available,

indicate when it will be available and the agency responsible for drafting it.

3.16.6 Some discretion exists in deciding if a strategy is required. Guidance on

this issue should be obtained from the authoring agency’s Communications Manager, or from the Communications Manager, Department of Premier

and Cabinet.

3.16.7 Where warranted by the complexity of a project’s communications needs,

a more detailed communication strategy, in an alternative format as determined by the agency, is acceptable.

3.16.8 Minutes which require a Communications Strategy will not be included on

the Cabinet agenda until a strategy approved by the Agency Communications Manager is provided.

3.16.9 The information contained in the strategy should be referenced on the

Minute Cover Sheet. If a Strategy is required for a Cabinet Minute the template should be included as an attachment at Annexe 6.8 - Other

Attachments.

3.16.10 An example of the Communications Strategy Template may be found at

page 25 of Example 1 in the Cabinet Handbook Examples volume. A guide to using the Communications Strategy Template is included at page

13 of that example.


3.16.11 An electronic version of the template is available at:

www.communications.tas.gov.au/templates/Final_Cabinet_communications_planstrategy_template.doc

3.17 Prior Consultation Statement (Annexe 6.7)

3.17.1 The Prior Consultation Statement relates to consultation undertaken prior

to the lodgement of the final Minute with the Cabinet Office (see Section 2.3). Prior consultation is an essential part of the preparation of a

Cabinet Minute and the process should be adequately documented in the

Prior Consultation Statement. The agencies and other bodies consulted

should be listed and the outcome of such consultations summarised, eg

whether there is general support or if there are issues still to be resolved.

If there are unresolved issues describe how they might be resolved.

3.18 Other Attachments (Annexe 6.8)

3.18.1 A list of the number and title of other attachments to be presented as

supporting documents for the Minute should be included at Annexe 6.8.

3.18.2 Attachments should be clearly labelled and numbered "Attachment 1,”

“Attachment 2” etc.

3.18.3 Attachments related to Annexe Statements that are to be provided in

Annexe 6.8 include:

Certificates required under the LRP;

Legislation Drafting Checklist; and

Communications Strategy.

http://www.communications.tas.gov.au/templates/Final_Cabinet_communications_planstrategy_template.doc



4 Writing a Cabinet Briefing

4.1 Standard Requirements

4.1.1 Briefings are used to present information to Cabinet for noting. The

Briefing format is customised according to the type of information being presented:

Information Briefing – to be used when the submission does not

require a decision of Cabinet other than to note the contents - see

Section 4.2;

Appointments to Government boards, authorities, committees, etc -

see Section 4.3.2 – 4.3.9;

Appointments to Senior Executive or Statutory offices– see Section

4.3.10 – 4.3.14;

Final Bill Briefing – to be used when returning final Bills for approval –

see Section 4.4; or

Committee Briefing – to be used when seeking Cabinet endorsement

of Cabinet Committee decisions – see Section 4.5.

4.1.2 The cover sheet constitutes the first page of each Briefing. The information for the cover sheet must be prepared on the template

available from the Cabinet Office web site

(www.dpac.tas.gov.au/divisions/executive/cabinet_office) then be provided

to the Cabinet Office on plain white paper so as to allow it to be photocopied directly on to the coloured cover sheet proforma. An image

of the coloured Briefing coversheet is provided as Attachment 2.

4.1.3 A Communications Strategy should be attached to Briefings in order to

inform Cabinet as to how agencies intend to communicate particular

decisions.

4.1.4 Some discretion exists in deciding if a Communications Strategy is required

- most position appointments, for example, will not require a strategy.

Guidance on this issue should be obtained from your agency

Communications Manager or the Communications Manager, Department of Premier and Cabinet.

4.1.5 The information contained in the template is to be referenced on the

submission cover sheet. If a Strategy is required for a Cabinet Briefing it is

to be included as the final attachment.



4.1.6 Briefings which require a Communications Strategy will not be included on the Cabinet agenda until a strategy approved by the Agency

Communications Manager is provided.

4.1.7 Draft text for a media release (if required), should be included with the

Communications Strategy Template. If a draft release is not available, indicate when it will be available and the agency responsible for drafting it.

4.1.8 An electronic version of the Template is available at:

www.communications.tas.gov.au/templates/Final_Cabinet_communications

_planstrategy_template.doc. Further information on the Communications

Strategy template may be found at page 25 of Example 1 in the Cabinet


4.2 Information Briefings

4.2.1 The format for the body of an Information Briefing will depend upon the

subject matter being presented, but should usually be structured under the

following headings:

Purpose - A concise statement of the reasons for presenting the

information to Cabinet.

Background - A brief summary of the events leading up to the briefing. Reference may be made to any previous consideration of the subject by

Cabinet. Relevant decision numbers and dates should be cited if the

same, or similar, matter has previously been considered by the current Cabinet (ie, there hasn’t been an election since the relevant decisions were made). Specific references to Cabinet deliberations or decisions of

a previous Government must not be quoted. Copies of documents originating under a previous Government are not to be included as

attachments.

Information - The information being brought to Cabinet's attention should be detailed here in a format which clearly and succinctly presents the subject matter.

4.2.2 These headings may be amended depending on the nature of the

information being presented. A sample Information Briefing is provided at

Example 2 in the Cabinet Handbook Examples volume.

4.3 Appointment Briefings

4.3.1 There are two types of Appointment Briefings – one for appointments to

boards, authorities, and committees and another for senior and statutory officer appointments.




Government Boards, Authorities and Committees

4.3.2 Proposed appointments to Government boards, authorities and

committees (“Board appointments”) are prepared as Briefings, notwithstanding the fact that recommendations are usually involved.

4.3.3 Re-appointments, including re-appointments of directors of Government

businesses, must be submitted to Cabinet in the same way as initial appointments. If the appointment is to fill a forthcoming vacancy then the

name and expiry date of the incumbent must be noted in the Briefing.

4.3.4 All Briefings for proposed board appointments are to include the sizing statement prepared by the Department of Premier and Cabinet. Sizing

statements set out the recommended remuneration for members of the

board, authority or committee. Sizing Statements for most existing Boards

will be available from the relevant agency. A sizing for new boards may be requested via the Government Boards website at

http://boards.dpac.tas.gov.au.

4.3.5 Appointment Briefings must specify the existing and proposed proportion of male and female members on the Board or Committee, and whether

the Tasmanian Women’s Register has been consulted in an attempt to

identify suitable women candidates. An explanation as to why the Register was not consulted must be provided if the proposed appointments will

result in a significant gender imbalance.

4.3.6 A completed Tasmanian Women’s Register Appointment Certification

Form must be included with the Briefing if the proposed membership does not meet the Government’s target of equal gender representation (see

Section 2.4.7). Appointments to commercial bodies are exempt.

4.3.7 If there is a statutory obligation for consultation concerning the nomination for appointments, the Briefing is to include a clear statement that this

obligation has been met.

4.3.8 The Minister is required to assure Cabinet that the nominees have no business or personal interest, real or perceived, which might conflict with

the interests of the board, authority or committee to which appointment is

proposed. Agencies must check with candidates that no such conflict of interest exists prior to submitting the list of nominees to the Minister.

4.3.9 The preferred format for Board Appointment Briefings is shown at

Example 3 in the Cabinet Handbook Examples volume.

Senior and Statutory Office Appointments

4.3.10 Cabinet requires advice of any proposed appointment or re-appointment

to senior positions. Senior positions are statutory offices or those offices

remunerated at SES Level 1 or above.

http://boards.dpac.tas.gov.au/


4.3.11 Proposed senior appointments are prepared as a Briefing. An example of a Senior Appointment Briefing is provided at Example 4 in the Cabinet


4.3.12 In the case of a proposed new appointment the Briefing should include the

following information:

Name of the agency

Position title

Period of appointment

Remuneration and conditions (eg SES Level or in accordance with the

Judges Act etc)

Proposed starting date

A brief outline of the recruitment process

A list of all applicants

The name of the successful applicant (appointee)

Recent positions held by the appointee (or a brief curriculum vitae can

be attached)

Significant reasons why the applicant was selected

Whether appointment by Governor in Council is required

Any publicity or timing of announcement

4.3.13 It is not necessary or appropriate to attach the appointee’s full written

application.

4.3.14 Appointment Briefings should rarely be longer than one page (with short

curriculum vitae attached).

4.4 Final Bill Briefings

4.4.1 All final Bills are returned to Cabinet for approval prior to their introduction into the Parliament.

4.4.2 The Legislation Briefing format should be used when the terms of the final

Bill are in complete compliance with the Cabinet decision which authorised drafting.


4.4.3 Bills which include policy amendments not previously approved by Cabinet must be presented under cover of a Cabinet Minute (and will be subject

to the normal ten day rule).

4.4.4 A copy of the Economic Review Unit Final Assessment Certificate must be

included as an attachment to the Briefing, along with the final Bill.

4.4.5 An example of a Final Bill Briefing is provided at Example 5 in the Cabinet


4.5 Cabinet Committee Briefings

4.5.1 The Committee Briefing format should be used when presenting

Committee decisions and papers to Cabinet for endorsement.

4.5.2 A summary of the Committee decisions should be included in the Briefing.

4.5.3 A full set of Committee papers should be submitted to the Cabinet Office.

4.5.4 A suggested format for Committee Briefings is provided at Example 6 in

the Cabinet Handbook Examples volume.


5 Style, Presentation and Format of

Submissions

5.1 Cover Sheet

5.1.1 For each Submission, a Cover Sheet (single copy) is to be provided to the Cabinet Office on plain A4 paper so that the text lines up with the

corresponding heading on the pro forma cover sheets. This is best achieved by using the appropriate template available from the Cabinet

Office website. No cover sheet item should be left blank. The

abbreviation "N/A" may be used if the item is not applicable.

5.2 Body of the Submission

5.2.1 Except for printed attachments, the font used should be Gill Sans Light (or

similar), font size 12 pt with single line spacing, and paragraph spacing of 0

pt before and 12pt after each paragraph.

5.2.2 A margin of approximately 4 cm should be allowed on the left hand side of each page, apart from the Cover sheet. Top, bottom and right hand

margins should be at least 2 cm.

5.2.3 The page number must be shown at the top of each page of the submission. For ease of reference the submission should be page

numbered consecutively, beginning with page 2 on the first page following the front cover sheet (which is counted as page 1). Page numbers for

attachments should be numbered separately in a way which does not

cause confusion with the page numbering of the body of the Minute (eg pages A1, A2, A3 etc.).

5.2.4 Each paragraph should be numbered, using a hierarchical system, as applied in this Handbook. A new primary number should be used for each

header (eg Purpose 1.1, 1.2; Recommendations 2.1, 2.2, 2.3). Sub-

paragraphs may be tagged separately (eg 2.1.1, 2.1.2, etc).

5.2.5 Tables and schedules should be numbered Table 1, Table 2, etc, consecutively throughout the body of the Minute. Each table and schedule

must be given a short title clearly describing its contents.

5.2.6 Apart from common abbreviations like "eg" and "ie", abbreviations and

acronyms should be spelt out in full the first time they appear, eg World Heritage Area (WHA).


5.3 Attachments

5.3.1 Printed reports or other printed material attached to a Submission need

not be retyped to conform to the above guidelines.

5.3.2 All attachments to Cabinet Minutes, other than those shown as standard

annexes should be itemised in a list at Annexe 6.8 showing the attachment

number and title.

5.3.3 Attachments should be clearly identified by number (eg Attachment 1) at

the top right hand corner of the first page.

5.3.4 Any reference in the body of a Submission to an attachment must clearly identify the attachment and, where appropriate, the page number and the

paragraph or table number.

5.4 Number of Copies

5.4.1 The Cabinet Office requires only one copy of a Submission bearing the original signature(s) of the sponsoring Minister(s). Cabinet submissions should be printed single sided.

5.4.2 When any attachments to a Submission are numerous or lengthy the

Cabinet Office is to be provided with 17 collated sets of those

attachments.

5.4.3 Attachments may be printed double sided and copied in black and white

unless the use of colour is necessary to convey information contained in

tables, maps etc.


6 Lodgement of Cabinet Documents

6.1 Contact Officer Information

6.1.1 While all documents are submitted to Cabinet by Ministers, it is sometimes

necessary to contact the originating officer in order to clarify issues relating

to processing, scheduling or consultation. The responsible officer’s contact details (business card or similar) should be included when submissions are

forwarded to the Cabinet Office.

6.2 Timing for Lodgement and Listing for Cabinet

6.2.1 The Ten Day Rule (see Section 6.3) applies to all Cabinet submissions except:

Appointments;

Endorsement of Committee Decisions;

Briefings which are returning final draft Bills (which do not depart from the approved policy position) for approval prior to introduction into

the Parliament;

When a previous Cabinet Decision specifies a resubmit date or

expressly implies urgency; and

When the Premier has given approval for the rule to be waived (see

Section 6.3).

6.2.2 When the Cabinet Office is notified of submissions by close of business on

Tuesday they will be listed for consideration at the following Cabinet

meeting.

6.3 The Ten Day Rule

6.3.1 Subject to Section 6.2, all Cabinet Submissions should be lodged with the

Cabinet Office, following signing by the sponsoring Minister(s), at least 10

full working days prior to the date on which they are to be considered by

Cabinet. (This is referred to as the "Ten Day Rule").

6.3.2 Ten working days is considered to be the minimum reasonable period in

which to:

Process submissions in the Cabinet Office;


Obtain formal written consultation comments from agencies and

provide these comments to the sponsoring Minister and to the

Departments of Premier and Cabinet and Treasury and Finance;

Obtain written advisories from the Department of Premier and

Cabinet and from the Department of Treasury and Finance; and

Provide time for members of Cabinet to be briefed and to become

familiar with the issues.

6.3.3 From time to time, unforeseen critical issues arise which require

consideration by Cabinet within the usual 10 day period. When such a

situation arises the Minister responsible is to write to the Premier requesting that the Ten Day Rule be waived and setting out clearly the

reasons why urgent consideration is necessary. Only the Premier may

approve waiving the Ten Day Rule, thus allowing earlier consideration (this

is known as “under the line”).

6.3.4 The Cabinet Office should be advised as soon as it is known that

Cabinet may need to consider an issue under the line, preferably no later

than close of business on the Tuesday preceding the Cabinet meeting.

Early notification to Cabinet Office simplifies finalisation of the agenda for

distribution to Ministers prior to the Cabinet meeting.

6.3.5 Due to the obvious time constraints, a Submission which does not comply with the Ten Day Rule may not be circulated for formal consultation

comment to agencies which may have an interest in the matter. However

the Cabinet Office will request an assessment of the submission from the Department of Premier and Cabinet and from the Department of

Treasury and Finance. These agencies may well comment on the

advisability of further consultation prior to a final Cabinet Decision.

6.4 Cabinet Office Checks

6.4.1 Upon receipt in the Cabinet Office, Submissions are checked to ensure

that:

The appropriate format for the submission has been chosen. [Submissions prepared in the incorrect format (eg an Information

Briefing which seeks endorsement for a course of action) will be

returned to the Ministerial Office or originating agency for redrafting];

The cover sheet is properly formatted (see Example 1 in the Cabinet

Handbook Examples volume);


There is a page break after the "Recommendations" section of the

Minute (see paragraph 3.4.9);

The body of the Minute is prepared as described in paragraph 3.3 -

3.17;

The body of the Briefing is prepared as described in paragraph 4.2,

4.3, 4.4 or 4.5;

The Submission has been signed by the Minister(s);

The Submission is dated; and

All the appropriate attachments have been provided.

6.4.2 Checking of other matters such as the accuracy of information, spelling,

grammar etc. is the responsibility of those preparing the Submission.

6.4.3 The Cabinet Office has a responsibility to ensure, as far as possible, that

submissions meet the minimum quality standards set out in this Handbook.

Sub-standard submissions may be returned to Ministerial Offices or

originating agencies for correction prior to their listing on an agenda.


7 Comments and Advisories

7.1 Comments

7.1.1 Copies of Minutes (and some Briefings) are distributed to agencies which

may have an interest in the subject matter of the Submission. This

consultation is designed to alert agencies to the content of the Submission so they may fully brief their Minister and allow him or her to formally

advise Cabinet of his or her view.

7.1.2 The Department of Premier and Cabinet and the Department of Treasury

and Finance provide a Cabinet Advisory which includes consideration of comments made by other agencies.

7.1.3 Only one copy of a Cabinet Submission is provided to any agency when

requesting comment. It is the agency's responsibility to ensure that:

All relevant divisions or offices within the agency are consulted and

their concerns included in the formal comment which is provided by

the head of agency to the office of the Minister; and

Appropriate measures are taken to protect the security of Cabinet

submissions during the consultation process (see Section 1.8).

7.1.4 Written comment from an agency should be provided to the Cabinet

Office by the date and time stipulated in the covering letter requesting

comment. These comments are then forwarded to the authoring Minister

before being distributed to all Cabinet Members on the Thursday prior to

the Cabinet meeting. An agency’s failure to provide comments in a timely

manner may result in the views of that agency not being taken into account in Cabinet deliberations. Agencies should advise the Cabinet

Office if they are unable to comply with the suggested timelines.

7.1.5 The copy of the Submission provided should be returned to the Cabinet Office with the comment.

7.1.6 Agency comments should be forwarded to the Cabinet Office through the

office of the Minister who has responsibility for that agency. However,

comment from any portfolio agency for which the Premier is responsible is provided directly to the Cabinet Office.

7.1.7 A sample format for agency comments is at Example 7 in the Cabinet



7.2 Cabinet Advisories


and Finance prepare advice in the form of a Cabinet Advisory on all Cabinet Minutes and on some Cabinet Briefings.

7.2.2 Advisories provide advice from the whole-of-government perspective, and

may support the recommendations or provide additional analysis and alternative recommendations.


and Finance are assisted in their assessment of Minutes by the comments from agencies.

7.2.4 A copy of the Advisory is made available to each member of Cabinet.


8 Cabinet Committees Guidelines

8.1 Cabinet Committees

8.1.1 Cabinet may establish Committees for a range of purposes, with such

membership and terms of reference as are considered necessary. Typically

Committees might be set up to:

Deal with specific or especially sensitive issues (eg Aboriginal issues);

Progress controversial developments where discussion in full Cabinet

would be premature (eg projects);

Consider matters expected to arise requiring urgent decisions

(eg industrial relations matters);

Deal with ongoing major issues or processes involving detailed

decisions (eg the Budget); and

Relatively routine matters still requiring the attention of Ministers

(eg legislative program).

8.1.2 There are essentially two forms of Cabinet Committee:

Standing Committees which deal with long-term and cross-portfolio

issues requiring detailed consideration and development prior to

Cabinet approval of particular proposals. Some standing committees might deal with cyclic government decision-making processes

(eg Budget Committee) or meet on an ad hoc basis to handle specific

emerging issues (eg Public Sector Industrial Relations Committee).

Special Purpose Committees established to make recommendations to Cabinet on particular issues or projects, usually within a limited

timeframe.

8.2 Establishment

8.2.1 Committees are established by Cabinet through a Cabinet Decision which defines membership (including the Chair) and terms of reference. In some

cases supporting arrangements, such as an Inter-departmental Committee

(IDC) or Departmental Working Group, support agency, reporting arrangements and timeframes for the Committee’s work are also set by

Cabinet.


8.2.2 Unless otherwise specified, it is the responsibility of the Minister nominated

to Chair the Committee to implement the Decision and convene meetings, with support from his or her portfolio agency.

8.3 Operation

8.3.1 Secretariat support for a Committee is normally provided by the portfolio

agency of the Minister chairing the Committee. As part of the usual role of Committee chair, the Minister would convene the meetings and set the

agenda for each meeting.

8.3.2 The support agency’s role includes:

Making arrangements (time, venue etc) for meetings and notifying

Ministers;

Liaising with the Minister’s Office and other agencies about the

meeting agenda and preparation of supporting material;

Collation and distribution of papers for each meeting;

Recording actions and decisions (as with Cabinet, the keeping of

detailed minutes is not required or recommended); and

Coordinating action arising from decisions, as directed by their

Minister.

8.3.3 Depending upon the arrangements specified in the establishing Cabinet decision, an IDC chaired by the support agency would normally be set up

to assist in coordinating preparation for and follow-up from Committee

meetings. Portfolio agencies of all Ministers on the Committee should be represented on the IDC.

8.3.4 Detailed meeting procedures are a matter for each Committee to

determine, within the broad parameters of this Handbook.

8.4 Committee Papers

8.4.1 Although there is no one format specified for papers being submitted to a

Committee, these should:

Clearly identify the issue(s) to be resolved;

Provide any background information needed to enable the

Committee to make an informed decision;


Present and argue the major options available; and

Provide clear recommendations that can translate into stand alone

decisions.

8.4.2 A suggested pro-forma for Committee submissions is shown at Example 8

in the Cabinet Handbook Examples volume.

8.4.3 Meeting papers should be finalised and distributed to Ministers by the

support agency at least three days prior to the meeting date. A complete set of the meeting papers should also be forwarded to the Cabinet Office

when committee decisions are subsequently being presented for

endorsement by Cabinet.

8.5 Decisions

8.5.1 The record of each Committee meeting is to clearly identify all decisions

taken. Each of these decisions should be clearly articulated, numbered and

dated.

8.5.2 As a general principle, all decisions of Committees are referred to Cabinet

for endorsement. This would normally be undertaken in the form of a

Cabinet Briefing seeking endorsement for the set of decisions from a

particular Committee meeting or set of meetings, following approval of

those decisions by the Committee itself.

8.5.3 In some cases, Cabinet may provide a limited delegation of authority to a Committee to act in specific circumstances or in cases where a decision is

required in a short timeframe. In such cases the Committee should still

report back to Cabinet as soon as practicable on the action taken.

8.6 Storage and Disposal of Committee Papers

8.6.1 Committee papers should be accorded the same security procedures as

used for Cabinet documents. (See Section 1.8).

8.6.2 Committee documents should be clearly identified as such.

8.6.3 The supporting agency of a Committee is to forward a copy of all

Committee business papers to the Cabinet Office for the purpose of archiving. This would normally occur when decisions are forwarded to

Cabinet for endorsement.

.


9 Other Matters Which Come to Cabinet

9.1 Executive Council Explanatory Note

9.1.1 An Executive Council Explanatory Note is used to advise Cabinet of the purpose and

substance of matters which require Executive Council approval but have not already

been considered by Cabinet.

9.1.2 Explanatory Notes must be considered by Cabinet prior to consideration of the

matter by the Executive Council. Explanatory Notes are usually considered at the

Cabinet meeting held on the Monday prior to a scheduled Executive Council meeting.

Explanatory Notes must be submitted to the Cabinet Office by 12 noon on the Friday

prior to consideration by Cabinet.

9.1.3 The Explanatory Note is to be signed by the relevant Minister.

9.1.4 An example of an Executive Council Explanatory note is provided at Example 9 in the Cabinet Handbook Examples volume.

9.1.5 An Explanatory Note is not required when Cabinet has already considered or agreed

to a matter as a result of a Cabinet Submission.

9.2 Response to Parliamentary Questions on Notice

9.2.1 The Cabinet Office is responsible for ensuring that proposed responses by Ministers

to Parliamentary Questions on Notice are submitted for endorsement by Cabinet.

9.2.2 Ministerial Offices are notified about relevant Questions from the Notice Paper with a

request that a Minister's proposed response be forwarded to the Cabinet Office.

9.2.3 A timeframe of two weeks is allowed for the preparation of responses. Cabinet

Office should be notified if you are unable to provide the response within the allocated period.

9.2.4 The Cabinet Office collates the proposed responses and ensures that they are

submitted to Cabinet for approval. Answers to Questions on Notice which are received in Cabinet Office by close of business on Thursday are usually submitted to

the next occurring Cabinet meeting.

9.2.5 The response is to be signed by the relevant Minister.

9.2.6 An example is provided at Example 10 in the Cabinet Handbook Examples volume.

9.2.7 Following the Cabinet meeting, the Cabinet Office notifies Ministers of Cabinet's

decision in relation to their particular Questions. Ministerial Offices then arrange for

tabling of the response and will, if necessary, inform agencies of Cabinet's decision.


9.3 Response to Petitions

9.3.1 The Cabinet Office is responsible for ensuring that proposed responses by Ministers

to Petitions to Parliament are submitted to Cabinet for endorsement by Cabinet.

9.3.2 The procedures and timeframe followed for responses to Petitions are the same as

those outlined for responses to Questions on Notice.

9.3.3 An example is provided at Example 11 in the Cabinet Handbook Examples volume.

9.4 Response to Joint House and Select Committee Reports

9.4.1 All responses to Joint House and Select Committee Reports are submitted for

Cabinet’s endorsement prior to tabling in the Parliament.

9.4.2 Cabinet Office coordinates the inclusion of these Reports on the Cabinet Agenda.

9.4.3 Government policy is that responses to Committee Reports will be tabled in the

Legislative Council within three months of the report’s release. It is therefore

important to provide responses within the timeframes specified in the Request for Response.

9.4.4 The format of Responses to Reports will depend on the Report and the nature and

detail of the information required to adequately respond to the Report.

9.4.5 There is no specified format for responses save that they should be clearly identified

as such and be signed by the relevant Minister.

9.4.6 The actual response may take the form of a direct answer or general position. In

either case it is necessary to ensure that each of the recommendations is addressed.

9.4.7 Responses must be signed by the responsible Minister(s).

9.4.8 The original signed copy should be forwarded to the Cabinet Office.

9.4.9 Cabinet Office will notify the relevant Minister’s Office when the response has been

approved by Cabinet.

9.4.10 Agencies should liaise with their Minister’s Office concerning arrangements for the tabling of responses in the Parliament.


10 Attachments

Attachment 1 – Cabinet Minute cover page

Attachment 2 – Cabinet Briefing cover page