In order to allow for the efficient scheduling of the Government's legislative agenda, as well as for the better planning and allocation of drafting resources, Ministers and agencies are advised that the following processes and timelines apply for the identification, prioritisation and introduction of Government Bills in the 2014 sittings of Parliament:

Notice of legislative proposals by 10 January 2014

Ministers are to submit to the Cabinet Secretariat in the Department of Premier and Cabinet (DPC) details of all legislative proposals that they anticipate introducing into Parliament in 2014 (either in the Budget or the Spring Sittings), by Friday 10 January 2014. A form for this purpose is attached.

Establishment of legislative program and priorities in January 2014

Legislative proposals identified by Ministers will be collated, reviewed and prioritised on the basis of their importance, urgency, complexity and state of preparation.

A comprehensive prioritised program of the Government's legislative proposals for each of the 2014 Budget Sittings and the 2014 Spring Sittings will then be prepared and submitted for the approval of the Premier and Cabinet at the end of January 2014. Confirmation will be sent to Ministers individually of the position and priority of each of their legislative proposals in the Government's legislative program.

Deadlines for Cabinet approval and Parliamentary introduction

To assist in the orderly consideration and passage of Bills throughout the sitting periods, Ministers are asked to progress legislative proposals through all stages of policy development, Cabinet approval and drafting as early as possible.

The following table sets out final deadlines for 2014. Matters received outside of these times will not be progressed, except in exceptional circumstances where a case for urgency is made and the approval of the Premier is obtained.

* Ministers will be asked in July 2014 to advise if any additional legislative proposals have been identified for the Spring Sittings.

* The Government Bills cut-off date is imposed by the Legislative Council. The imposition of a Bills cut-off date means that no Government Bill will be able to be debated and passed in the relevant sitting period unless:

1. in the case of a Bill originating in the Legislative Council, it is introduced into the Legislative Council on or before the cut-off date; or
2. in the case of a Bill originating in the Legislative Assembly, it is received by the Legislative Council from the Legislative Assembly on or before the cut-off date; or
3. the Legislative Council otherwise resolves to consider the Bill as 'urgent'.

New legislative proposals identified during the year

Cabinet Minutes that propose legislation will not be listed for consideration by Cabinet unless:

1. the proposal has been included on the Government's legislative program;
2. all significant policy to be dealt with in the Bill has been adequately detailed in the Minute.

Accordingly, if a new legislative proposal emerges during the year, the Minister must notify DPC using the attached form as soon as they become aware of it (and before they lodge a Cabinet Minute for that proposal) so that the Premier can consider its inclusion in the Government's legislative program and the Parliamentary Counsel can be consulted regarding the allocation of drafting resources.

A strong case for the inclusion of a late proposal in the legislative program will need to be made as late proposals can adversely impact upon the preparation and timing of other Bills.

Drafting by Parliamentary Counsel

It is imperative that comprehensive drafting instructions be provided to Parliamentary Counsel as soon as possible following in-principle approval by Cabinet, in order that drafting resources may be appropriately allocated and managed. Drafting instructions should be provided no more than three working days after Cabinet's approval.

Drafting of Bills should not ordinarily commence until Cabinet has approved all relevant policy and given in-principle approval for the drafting of the Bill, and then only once the relevant agency has provided the necessary detailed drafting instructions to the Parliamentary Counsel. This ensures that drafting resources can be appropriately and efficiently managed to deliver the whole of the Government's legislative program.

In exceptional cases, approval may be given by the Director General or the General Counsel of DPC for the Parliamentary Counsel to commence drafting a Bill in advance of in-principle Cabinet approval. Such approval will, however, generally only be given if all of the following apply:

1. the legislative proposal is of the highest priority on the Government's legislative program (AA),
2. a Cabinet Minute for the proposal has been lodged (or a draft is well-advanced and has been provided to DPC),
3. the relevant agency is in a position to provide the necessary detailed drafting instructions to Parliamentary Counsel, and
4. the Premier's Office confirms, on behalf of the Premier, that drafting in advance is supported.

Any enquiries regarding the submission of forms for legislative proposals should be directed to the Branch Manager, Cabinet Secretariat on (02) 9228 4636.

Paul Miller
General Counsel