The Budget Process Operational Rules should include a requirement that any legal advice (either internal or external) relating to whether the proposal requires legislative change in order to be implemented be included with the New Policy Proposal in any versions of the Portfolio Budget Submission circulated to other agencies or Cabinet ministers.
The Government accepts in principle this recommendation.
The Government agrees that Cabinet should be clearly informed of identifiable legal issues associated with the implementation of new policy proposals. The Government considers that clear, concise and succinct summaries of legal issues are likely to be of greater assistance to entities and Ministers than copies of entire legal advices. Relevant Cabinet procedures will be updated to reflect this.
This recommendation will be implemented by the Department of the Prime Minister and Cabinet, the Department of Finance and the Treasury, in consultation with the Attorney-General's Department.
The Budget Process Operational Rules should include a requirement that where legal advice has been given in relation to whether the proposal requires legislative change in order to be implemented, the New Policy Proposal includes a statement as to whether the Australian Government Solicitor has reviewed and agreed with the advice.
The Government accepts this recommendation.
Sponsoring Ministers and entities are responsible for ensuring that they present clear information on what is required to implement a new policy proposal. Where legal advice is provided on a new policy proposal, Cabinet should receive complete and accurate information, particularly regarding whether or not the Australian Government Solicitor has reviewed and agreed with any legal advice on whether legislative change is required. Relevant Cabinet procedures will be updated to reflect this.
This recommendation will be implemented by the Department of the Prime Minister and Cabinet, the Department of Finance and the Treasury, in consultation with the Attorney-General's Department.
