Cabinet Handbook - The Department of the Prime Minister and ...

56. Authoring departments are responsible for ensuring the deadlines for exposure drafts and
coordination drafts are met.
57. Even where all deadlines are met, submissions may not be listed for consideration. It is for the
Prime Minister, in consultation with the Cabinet Secretary, to determine what business will be dealt
with at particular meetings of the Cabinet and Cabinet committees. Considerations such as availability of
particular ministers and pressure of other Cabinet business (for example, during the Budget process)
may affect the timing of Cabinet or Cabinet committee consideration of particular submissions. CLOs can
seek advice from the Cabinet Secretariat on the scheduling of matters relevant to their portfolio.
Proposals involving administrative law
58. Administrative law is the body of law regulating government decision-making. It is an
accountability mechanism that generally applies to government decision-making about individual
matters, rather than broad policy decisions. The administrative law system includes primary decisionmaking
by ministers and public servants, merits review of primary decisions, review and investigation by
the Commonwealth Ombudsman and judicial review by federal courts. The Attorney-General has
responsibility for all of these matters with the exception of the Commonwealth Ombudsman.
Administrative law principles in relation to review of decisions and the accountability of the executive
government should apply consistently across all government decision-making schemes. More
information about administrative law policy can be found in the Administrative Law Policy Guide at
.
59. In order to ensure that administrative law considerations are taken into account in the
development of all relevant government programs and policies, agencies drafting Cabinet submissions
relating to decision-making and regulation should consult the Attorney-General’s Department (AGD). In
particular, agencies should consult with the AGD in relation to all proposals:
(a) involving decision-making by ministers or public servants;
(b) to confer jurisdiction on the Administrative Appeals Tribunal;
(c) to establish a new tribunal or merits review body;
(d) to set up a new regulatory body; and
(e) involving national regulatory schemes.
Submissions containing legislation proposals
60. Procedures for the preparation and handling of legislation proposals in submissions are detailed in
the Legislation handbook available at . Some additional
information on legislation proposals is contained in the Drafter’s Guide.
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