It is important that all Ministers have the opportunity fully to participate in the decision-making processes of Cabinet and that, in doing so, they also have the opportunity to seek and obtain advice from their departments and advisers.

To ensure that this can happen it is imperative that the ten day rule for the lodgement of Cabinet Minutes be observed.

The ten day rule means that all Cabinet Minutes must be lodged with Cabinet Secretariat in the Department of Premier and Cabinet at least ten working days before the Cabinet meeting at which the matter may be listed for consideration.

The only exception is Bill Minutes for legislative proposals that have previously been approved ‘in-principle’ by Cabinet, which are instead subject to a four day rule. The four day rule means that Bill Minutes must be lodged at least four working days before the Cabinet meeting at which the matter may be listed for consideration. Ministers are reminded that the draft Bill must also be lodged with the Bill Minute and, where the draft Bill varies from Cabinet’s original in-principle decision, reasons for the variation must be detailed.

The ten day rule (and the four day rule for Bill Minutes) will be applied strictly. Minutes that do not comply with these rules will not be considered for listing on the Cabinet agenda until the relevant time periods have elapsed.

It should be noted that compliance with the ten day rule does not mean that the Minute will automatically be listed at the first Cabinet meeting that is ten days after lodgement of the Minute. Whether a Minute that has complied with the ten day rule will be listed for the next Cabinet meeting will depend on a number of considerations, including what other priority matters require Cabinet’s consideration at that particular meeting and the status of any issues that have been raised in advice provided on the Minute’s proposals.

The ten day rule means only that a Cabinet Minute will definitely not be considered eligible to be listed on the agenda of a Cabinet meeting that is less than ten working days after the Minute was lodged.

Exemptions to the ten day rule (and the four day rule for Bill Minutes) will only be considered in exceptional circumstances where urgent consideration of the Minute is necessary.

Any Minister who wishes to seek an exemption must, when lodging the Minute, also submit a letter formally requesting waiver of the relevant rule. Any request for an exemption that is only made verbally or by Ministerial staff will not be considered.

The letter seeking an exemption must set out reasons as to why the Minute is urgent and must be considered at the next available Cabinet meeting and why it has not been possible to lodge the Minute earlier in order to comply with the ten day rule. Requests will only be agreed to in the most urgent cases as a matter of clear necessity.

Requests for urgent consideration should not be made where the urgency has arisen merely because of administrative delays and inadequate planning. Ministers must ensure that procedures are in place to anticipate deadlines and ensure that the above rules are complied with.

All Ministers are also reminded that they need to ensure that all departmental and Ministerial advices on Cabinet Minutes are to be submitted to Cabinet Secretariat by the deadlines specified by the Department of Premier and Cabinet when that advice is requested.

Any concerns that Ministers wish to raise in respect of a Cabinet Minute should be outlined in their written advice. This ensures that the submitting Minister has the opportunity to obtain further advice and if necessary respond to those issues before the Cabinet meeting at which the Minute is to be considered.

It is essential that all advices be received in a timely fashion in order to ensure that all views can be fully considered and all issues can be properly addressed.

The ten day rule also applies to Minutes that are submitted for consideration by Committees of Cabinet, subject to such modifications and exemptions as may be determined by that Committee or its Chair.

Please ensure that these rules are brought to the attention of all staff in your office.

Kristina Keneally MP
Premier