Late submissions
53. In cases where it is absolutely necessary to do so and for matters which are genuinely urgent, unforeseen and unavoidable, ministers may seek the Cabinet Secretary's agreement to waiving the three day requirement between lodgement and consideration. Requests to the Cabinet Secretary for items to breach the three day rule will not be agreed other than in the most urgent cases where the need for earlier consideration is clear and inescapable. The urgency should not result from delays and inadequate planning in ministers' departments or offices.
54. Authoring departments are responsible for ensuring the deadlines for exposure drafts and coordination drafts are met.
55. Even where all deadlines are met, submissions may not be listed for consideration. It is for 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 Cabinet Division on the scheduling of matters relevant to their portfolio.
Proposals involving administrative law
56. 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 decision‐making 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.
57. 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:
- involving decision‐making by ministers or public servants
- to confer jurisdiction on the Administrative Appeals Tribunal
- to establish a new tribunal or merits review body
- to set up a new regulatory body
- involving national regulatory schemes.
Submissions containing legislation proposals
58. Procedures for the preparation and handling of legislation proposals in submissions are detailed in the Legislation Handbook.
36
