Putting an item on the agenda

1. The Prime Minister’s control of the agenda is central to the operation of the Cabinet.  Ministers seeking to put an item on the Cabinet (or Cabinet Committee) agenda should write to the Prime Minister seeking authority. The Cabinet Secretary will, on delegation from the Prime Minister, respond to ministers’ requests. Ministers should ensure that there is time for the development of a fully compliant submission (see Annex D – Preparing a submission to the Cabinet) before seeking to list an item for a specific meeting.
2. Cabinet Division will not propose an item for an agenda unless it has authority to come forward and a fully compliant submission will be lodged within the agreed timeframes.
3. Only in exceptional circumstances will the Prime Minister consider whether an item may come forward without a submission.

The Cabinet forward program

4. Cabinet Division consults with departments and ministers’ offices to maintain a forecast of business expected to be brought forward or business which is required to come back to the Cabinet (or Cabinet Committees). Cabinet Division, in consultation with the Cabinet Secretary, relies on the forecast to develop the Cabinet forward program, which notes the business expected to be brought forward for Cabinet (and Cabinet Committee) consideration and the estimated timings.

The agenda

5. Once the program is agreed, the Cabinet Secretary approves and circulates to relevant ministers the agenda for each Cabinet and Cabinet Committee meeting. The agenda advises the business to be considered, the minister responsible for each item and notification of any co‐opting arrangements.
6. Cabinet Division uses the CabNet+ system to provide access to agendas to relevant ministers and departments. In most cases, departments only receive access to those items on the agenda that are brought forward by their minister, or on which they were consulted in the development of the item (i.e. if they have provided coordination comments on the item).
7. As meeting times and agendas are subject to change and new meetings may be called, it is common for revised lists to be issued. Ministers’ offices and departments must be alert for any late changes and should ensure that they check for updated information via the CabNet+ system.

Settling matters by correspondence

8. Before initiating possible business for the Cabinet, ministers should carefully consider whether Cabinet consideration is essential or whether consultation and agreement with interested colleagues would suffice, particularly if it is likely all interested ministers are in agreement.
9. Following any necessary consultations by officials, initiating ministers should write to all interested ministers, outlining the purpose and scope of the proposals and seeking their written agreement to the proposals.
10. Once agreement has been provided, the initiating minister should write to the Prime Minister advising the outcome of consultations and seeking approval for the proposed course of action.

Minor policy proposals involving legislation

11. If a minister believes that a proposal involving legislation does not warrant consideration by the Cabinet, they should write seeking the Prime Minister’s approval of the proposal.
12. The minister should also write to the Prime Minister if it is proposed to vary the implementation of a Cabinet minute in a manner which does not warrant reconsideration of the matter by Cabinet.
13. If not previously sought, minor policy approval should be sought at the time the minister submits a bid to have the legislation included on the program or as soon as possible after that. If it becomes apparent during the drafting of a bill that further approval is required for minor policy matters, the minister should write to the Prime Minister as soon as possible. Replies to requests for minor policy approval are signed by the Prime Minister, or the assistant minister to the Prime Minister on behalf of the Prime Minister.
14. For further details on approval of minor policy proposals see the Legislation Handbook.

Authority to bring forward a submission

15. Ministers seeking to have matters raised in the Cabinet must seek the Prime Minister’s authority.
16. Letters seeking authority to bring an item forward should clearly outline the purpose and scope of the proposal, identify any financial implications and indicate if the proposal relates to the delivery of the Government’s strategic priorities. If there is a critical date by which a decision is required, this should also be identified and supported by explanation. If there are any financial implications, the letter must be copied to the Treasurer and the Minister for Finance.
17. Matters involving revenue measures may only be brought forward with the agreement of the Treasurer (agreement may involve a joint submission with the Treasurer).
18. The Prime Minister or the Cabinet Secretary (on delegation from the Prime Minister) will respond in writing advising whether authority has been granted for the matter to be brought forward to the Cabinet or Cabinet Committee, the agreed scope of the proposal and any other conditions. If, after authority has been provided, there is a change in circumstances which requires alteration to the scope of the proposal, ministers must write again to the Prime Minister or the Cabinet Secretary seeking additional or varied authority.
19. Matters which the Cabinet (or Cabinet Committee) request to come forward for consideration do not require any further authority, provided that request is recorded in a Cabinet minute.

Cabinet submissions

20. The Cabinet submission process is the key mechanism for enabling informed decision‐making in the Cabinet and therefore adherence to the process is critical to the proper exercise of the principle of collective decision‐making.
21. Any documents conveying substantive material to the Cabinet, including presentations, must be covered by a Cabinet submission and are subject to the rules and procedures of the submission process.
22. The Cabinet Secretary is responsible for setting standards for the form and content of submissions and accompanying presentations. Cabinet Division plays both a gate keeping and advisory role to ensure that those standards are met.
23. The Cabinet submission process provides guidance and templates to assist ministers and their departments to draft concise documents which:
    1. set out the benefits, disadvantages and risks associated with the proposed policy
    2. explain any linkages to the delivery of the Government’s strategic priorities
    3. explain the gendered impacts and consideration of gender responsive budgeting, impacts on Indigenous peoples and other impacts of the policy
    4. explain the implementation challenges, the level of risk and a high level response to these
    5. highlight any public expenditure implications.
24. Submissions should contain recommendations for consideration by Cabinet or a Cabinet Committee, which set out the decision that the sponsoring minister seeks the Cabinet or the Cabinet Committee make in response to the submission.
25. Of equal importance are the circulation and lodgement requirements (many of which are built into the development of the submission) that ensure appropriate consultation occurs prior to the item coming before the Cabinet.
26. Ministers are responsible for the submissions they submit to the Cabinet and are expected to be fully conversant with them. Ministers bringing forward submissions are also responsible for ensuring that the consultation necessary to enable a fully informed decision to be taken occurs at both ministerial and officials levels. It is particularly important that there is agreement on factual matters, including costs.
27. Additional documentation that has not been submitted as part of the Cabinet submissions process, following the procedure set out in this Handbook, cannot be brought into the Cabinet room. In the case when there is critical information that cannot be included in or attached to a submission, approval must be sought from the Cabinet Secretary prior to the Cabinet or Cabinet Committee meeting.

Ministerial statutory decisions

28. Special considerations apply to protect the integrity of the relevant statutory decision‐making process when a minister brings an item to the Cabinet on a statutory decision or action he or she intends to make. The Cabinet cannot make, or appear to make, a decision that the statute requires a minister (officer or agency) to make. Accordingly, the submission should be drafted on the basis that, consistent with the law, it is seeking to have a policy view taken into account by the independent decision‐maker; it should not be drafted as an instruction.

Cabinet memorandums

29. Cabinet memorandums are papers which are submitted by departments rather than ministers, generally in response to requests by the Cabinet (or a Cabinet Committee) for supplementary information or the development of options. Authority is required before a memorandum can be brought forward, in the same way as for submissions. Departments cannot initiate a memorandum without authority being in place.
30. Memorandums are to contain the same information as submissions and require the same circulation and consultation.

Deadlines and late submissions

31. Deadlines for the lodgement of Cabinet documents (that is, submissions and memorandums as well as coordination comments) ensure that ministers have sufficient time to read and seek advice on papers and to discuss them with colleagues if required. The standard submission process allows three working days between distribution of the final submission by Cabinet Division and consideration by the Cabinet or a Cabinet Committee (see Annex D – Preparing a submission to the Cabinet).
32. Breaching lodgement timeframe requirements requires the approval of the Cabinet Secretary, which will only be given where the need for earlier consideration is urgent and unavoidable.

Amending and withdrawing submissions

33. Amendments to Cabinet or Cabinet Committee submissions and memorandums already lodged with the Cabinet Division will not be accepted unless the change is of a minor editorial nature. If a minister wishes to make substantive amendments to a paper already submitted, the original submission will be withdrawn and a corrigendum submitted.
34. If a sponsoring minister wishes to withdraw his or her submission from consideration after the Cabinet Division has issued an agenda, that minister should provide notice of withdrawal, including a reason for the withdrawal, to the Cabinet Secretary as soon as practicable.

Authority to bring urgent matters forward (Short Notice Submissions)

35. When ministers bring matters before their Cabinet colleagues that have not been subject to the full submission process, it increases the risk that the Cabinet’s decision will result in unforeseen and unintended consequences. It weakens the ability of the Cabinet to apply scrutiny from a whole‐of‐government perspective and ultimately undermines the Cabinet system itself.
36. To bring a matter before the Cabinet without the opportunity for consultation and advice which the Cabinet submission process provides, authority must be provided by the Prime Minister, the Cabinet (through a Cabinet minute) or the Cabinet Secretary (as delegated by the Prime Minister).
37. Ministers should only seek authority to bring forward a matter for their colleagues’ consideration without a Cabinet submission where the matter is urgent and this urgency could not reasonably have been foreseen.
38. A Short Notice Submission supports Cabinet consideration of urgent or unforeseen and unavoidable items that cannot practically meet the longer timeframes of the full submission process.
39. The use of a Short Notice Submission is subject to approval by the Cabinet Secretary. Examples where a Short Notice Submission may be used include:
    1. urgent matters of a procedural rather than a policy nature
    2. urgent policy matters where the parameters of the decision(s) are straightforward and the risks associated with the decision(s) are low
    3. genuinely urgent or unforeseen and unavoidable matters
    4. simple items such as progress reports or supplementary considerations
    5. comebacks commissioned by the Expenditure Review Committee of Cabinet during the Budget process.
40. In writing to the Cabinet Secretary, ministers should specify those colleagues with a portfolio interest in the matter, identify any co‐optees and ensure that each of those ministers receives a copy of his or her request summarising the matter.
41. To support discussion, a Short Notice Submission is to be prepared in lieu of a full Cabinet Submission. The submission will include a concise summary of the matter, which has clear recommendations for the Cabinet’s consideration and supporting argument, including an analysis of the associated risks.
42. If the Prime Minister or Cabinet Secretary agree to the matter being brought forward to Cabinet or a Cabinet Committee, Cabinet Division will circulate the submission upon approval of the Cabinet Secretary, for at a minimum, short coordination comments to central agencies, and other impacted agencies with the agreement of the Cabinet Secretary. The final Short Notice Submission will be provided to ministers ahead of the Cabinet meeting.

Oral updates

43. Oral updates will be accepted only with the prior approval of the Cabinet Secretary. A minister should only seek to provide an oral update at a Cabinet or Cabinet Committee meeting in cases of particular urgency or confidentiality on an issue for the Cabinet.
44. On rare occasions, the Cabinet Secretary may agree to the lodgement of a document to support an oral update item.

Proposals with financial implications

45. Where a proposal involves any financial implications, the Department of Finance (Finance) must be consulted. Cabinet Division is authorised to reject any submission or matter without submission that is not accompanied by expense and non‐taxation revenue costings agreed by Finance. Cabinet Division is similarly authorised to reject a submission with taxation revenue or taxation expenditure implications that have not been agreed with the Department of the Treasury (Treasury).