111. The convention is that Cabinet documents are confidential to the Government which created them and not the property of the sponsoring minister or department. Access to them by succeeding governments is not granted without the approval of the current parliamentary leader of the appropriate political party.
- Ministers and assistant ministers and their staff should not seek from departments the Cabinet documents of the previous Government, or the advice provided to it.
112. The Secretary of PM&C may authorise requests for refreshment of memory access by former prime ministers, former ministers, former secretaries and some other specified government office holders who seek access to Cabinet documents with which they dealt personally while in office. Access will not be granted without the approval of the current parliamentary leader of the political party in Government at the time the requested record was created.
113. Cabinet records and Cabinet notebooks are accessible to the public through the National Archives of Australia after the expiration of the statutory closed period. The closed period, which for Cabinet documents currently varies between 20 to 30 years, seeks to provide the best balance between the competing priorities of, on the one hand, the need to safeguard privacy, security and confidentiality of the Cabinet, and to use available resources to best effect and, on the other hand, maximising public access to records.
APPOINTMENTS
114. Where a significant government appointment is proposed, the responsible minister must write to the Prime Minister seeking approval of the appointment before any action is finalised. While significant appointments will require Cabinet approval, the Prime Minister may determine that Cabinet consideration is not required and authorise the appointment.
115. The appointments to be brought to the Prime Minister's attention include:
- significant full‐time or part‐time appointments to boards, commissions or statutory offices
- full‐time chief executive officer (CEO) positions, including in instances where the board selects the CEO (the minister cannot signify agreement without the formal approval of the Prime Minister, or the Cabinet)
- appointments to significant non‐statutory tribunals, advisory bodies and commissions of inquiry
- appointments as heads of mission, other than Austrade managed posts
- acting appointments in the above categories where the appointment is for more than three months (an initial acting appointment for up to three months can be made without seeking the Prime Minister's approval, but any further extension requires the formal approval of the Prime Minister).
116. For proposed appointments to new organisations, it is for ministers, in consultation with the Prime Minister, to judge whether the proposal should be brought to the Prime Minister's attention.
117. As a general rule, if appointments to a particular body have been submitted for approval by the Prime Minister or the Cabinet in the past, they should continue to be submitted for approval unless the Prime Minister agrees otherwise. Departments should consult with Cabinet Division for advice on past practice.
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