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

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ANNEX I – CABINET DOCUMENTATION<br />

Special nature <strong>of</strong> <strong>Cabinet</strong> documents<br />

1. <strong>Cabinet</strong> documentation is any material departments <strong>and</strong> agencies prepare that is:<br />

(a) intended for submission to <strong>the</strong> <strong>Cabinet</strong> (generally <strong>Cabinet</strong> submissions <strong>and</strong> attached material,<br />

including audio visual presentations); <strong>and</strong><br />

(b) documents dealing with <strong>Cabinet</strong> meetings (business lists, <strong>Cabinet</strong> minutes <strong>and</strong> notes taken by<br />

<strong>Cabinet</strong> note takers).<br />

2. <strong>Cabinet</strong> documents are considered to be <strong>the</strong> property <strong>of</strong> <strong>the</strong> government <strong>of</strong> <strong>the</strong> day. <strong>The</strong>y are not<br />

departmental records. As such <strong>the</strong>y must be held separately from o<strong>the</strong>r working documents <strong>of</strong><br />

government administration.<br />

3. <strong>The</strong> unauthorised <strong>and</strong> premature disclosure <strong>of</strong> <strong>Cabinet</strong> documents, including draft <strong>Cabinet</strong><br />

documents (such as draft <strong>Cabinet</strong> minutes), undermines collective ministerial responsibility. It also<br />

undermines <strong>the</strong> convention <strong>of</strong> <strong>Cabinet</strong> confidentiality. It is essential that <strong>the</strong> confidentiality <strong>of</strong> <strong>Cabinet</strong><br />

documents, including draft <strong>Cabinet</strong> documents, is maintained to enable full <strong>and</strong> frank discussions to be<br />

had prior to <strong>the</strong> <strong>Cabinet</strong> making its decision.<br />

4. It is inappropriate to provide copies <strong>of</strong>, or access to, final or draft <strong>Cabinet</strong> documents to sources<br />

external to Government. It may, however, sometimes be necessary to consult with external sources in<br />

relation to matters which are <strong>the</strong> subject <strong>of</strong> proposed or current <strong>Cabinet</strong> consideration to ensure that<br />

<strong>Cabinet</strong> is fully apprised <strong>of</strong> <strong>the</strong> relevant information required for it to make an informed decision. A<br />

minister's actual or proposed position should never be disclosed, <strong>and</strong> high-level judgement needs to be<br />

exercised in deciding what information, if any, to disclose. Guidance should be obtained from <strong>the</strong><br />

<strong>Cabinet</strong> Secretariat.<br />

5. <strong>Department</strong> <strong>and</strong> agency work in preparing, h<strong>and</strong>ling <strong>and</strong> securely storing <strong>Cabinet</strong> documents is<br />

subject to detailed security requirements determined by <strong>the</strong> <strong>Cabinet</strong> Secretariat. <strong>The</strong> requirements<br />

apply equally to ministerial <strong>of</strong>fices <strong>and</strong> <strong>the</strong>ir staff as to public servants.<br />

Secure h<strong>and</strong>ling <strong>of</strong> <strong>Cabinet</strong> documents<br />

6. <strong>Cabinet</strong> documents, including pre-exposure drafts, exposure drafts, drafts for coordination<br />

comments, final submissions, <strong>and</strong> drafting comments (including coordination comments), must only be<br />

circulated via <strong>the</strong> CABNET network to ensure that <strong>the</strong>y are circulated securely <strong>and</strong> that copies <strong>of</strong> <strong>the</strong><br />

documents can be accounted for. It is important, <strong>the</strong>refore, that exposure drafts, drafts or finals (ei<strong>the</strong>r<br />

in <strong>the</strong> template or in a document which looks like a <strong>Cabinet</strong> submission) are not circulated by any o<strong>the</strong>r<br />

means.<br />

7. Similarly, substantive comments on submissions should only be transmitted via <strong>the</strong> CABNET<br />

network.<br />

8. Only in <strong>the</strong> very limited circumstance <strong>of</strong> drafting a joint submission may submissions be<br />

transmitted as an attachment to a CABNET email. Co-authoring departments may circulate early drafts<br />

between <strong>the</strong>mselves via CABNET email to enable <strong>the</strong> inclusion <strong>of</strong> relevant material from each <strong>of</strong> those<br />

departments. Alternatively, one department could assume drafting control <strong>and</strong> make all <strong>the</strong> changes to<br />

<strong>the</strong> submission in close consultation with <strong>the</strong> co-authoring department. Submissions may be emailed on<br />

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