Cabinet Handbook - The Department of the Prime Minister and ...
Cabinet Handbook - The Department of the Prime Minister and ...
Cabinet Handbook - The Department of the Prime Minister and ...
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9. <strong>Cabinet</strong> documents, including submissions, are subject to a strict confidentiality regime to:<br />
(a) support collective decision-making <strong>and</strong> responsibility – ministers must be able to express <strong>the</strong>ir<br />
views <strong>and</strong> concerns frankly during discussions without compromising <strong>the</strong> collective stance taken<br />
after a decision is made;<br />
(b) ensure that decisions are not pre-empted by early disclosure; <strong>and</strong><br />
(c) identify that, unlike o<strong>the</strong>r material generated <strong>and</strong> h<strong>and</strong>led by <strong>the</strong> public service, <strong>the</strong> <strong>Cabinet</strong><br />
documents belong to <strong>the</strong> government <strong>of</strong> <strong>the</strong> day <strong>and</strong> cannot be distributed, accessed or h<strong>and</strong>led<br />
like o<strong>the</strong>r working documents <strong>of</strong> government administration.<br />
10. <strong>The</strong> CABNET network, managed by <strong>the</strong> <strong>Cabinet</strong> Secretariat, supports <strong>the</strong> confidential preparation,<br />
circulation <strong>and</strong> lodgement <strong>of</strong> <strong>Cabinet</strong> documents, including submissions.<br />
Joint submissions<br />
11. <strong>The</strong> <strong>Prime</strong> <strong>Minister</strong> or <strong>the</strong> <strong>Cabinet</strong> may decide that submissions dealing with some subjects should<br />
always be prepared by a particular minister or jointly. For example, all matters involving taxation are<br />
required to be brought forward by <strong>the</strong> Treasurer or, where ano<strong>the</strong>r portfolio minister has a significant<br />
interest, by <strong>the</strong> Treasurer <strong>and</strong> that minister.<br />
12. Joint submissions require <strong>the</strong> sponsoring ministers to agree <strong>the</strong> text <strong>of</strong> <strong>the</strong> submission. It is highly<br />
desirable that <strong>the</strong>y agree <strong>the</strong> recommendations, but where this is not possible ministers should indicate<br />
those recommendations on which <strong>the</strong>y agree <strong>and</strong> should specify <strong>the</strong>ir divergent recommendations.<br />
13. In addition, joint submissions will also be required for major <strong>and</strong> sensitive proposals with<br />
significant service delivery components delivered by ano<strong>the</strong>r agency. At a minimum, all major <strong>and</strong><br />
sensitive initiatives which have significant service delivery components will require joint submissions<br />
where responsibility for policy <strong>and</strong> implementation rests with different departments or agencies.<br />
14. Although joint submissions are <strong>the</strong> joint responsibility <strong>of</strong> <strong>the</strong> ministers concerned, as a matter <strong>of</strong><br />
practical administration <strong>the</strong>re needs to be a clear underst<strong>and</strong>ing <strong>of</strong> who has <strong>the</strong> lead role in ensuring <strong>the</strong><br />
work is undertaken <strong>and</strong>, in particular, which department will have responsibility for undertaking <strong>the</strong><br />
m<strong>and</strong>atory consultation processes <strong>and</strong> lodging <strong>the</strong> submission with <strong>the</strong> <strong>Cabinet</strong> Secretariat.<br />
Submissions prepared by one minister in consultation with o<strong>the</strong>rs<br />
15. Where <strong>the</strong> <strong>Prime</strong> <strong>Minister</strong>, <strong>the</strong> <strong>Cabinet</strong> or <strong>the</strong> <strong>Cabinet</strong> Secretary has asked a minister to prepare a<br />
submission in consultation with o<strong>the</strong>rs, where a submission recommends action by ministers not<br />
signatories to it, or where matters directly affecting o<strong>the</strong>r ministers’ portfolio responsibilities are raised,<br />
<strong>the</strong> sponsoring minister must provide <strong>the</strong> o<strong>the</strong>r ministers concerned a sufficient opportunity to<br />
contribute to <strong>the</strong> development <strong>of</strong> <strong>the</strong> submission. Consultation does not necessarily require agreement,<br />
but ministers should be consulted sufficiently early in <strong>the</strong> drafting process to enable <strong>the</strong>ir views to be<br />
taken into account <strong>and</strong> should be given sufficient time to enable <strong>the</strong>m to make a considered input into<br />
<strong>the</strong> description <strong>of</strong> <strong>the</strong> problem <strong>and</strong> possible solutions.<br />
Memor<strong>and</strong>ums<br />
16. <strong>Department</strong>s may from time to time be requested to provide information <strong>and</strong> options on a<br />
certain matter for <strong>the</strong> <strong>Cabinet</strong>’s consideration. Such documentation is referred to as a memor<strong>and</strong>um.<br />
While <strong>the</strong>re are a number <strong>of</strong> differences in style <strong>and</strong> format between a submission <strong>and</strong> a memor<strong>and</strong>um,<br />
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