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Last updated: March 2008

Constitutional, legal and Government framework

Guidance on Government and parliamentary matters

The following publications set out the framework in which the issues relating to Ministerial and parliamentary matters are to be managed:

Cabinet Handbook

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The Cabinet is the apex of executive Government. Meeting regularly, it sets the broad directions of Government, makes important decisions facing a Government and resolves potential conflicts within Government. It is for the Government of the day, and in particular the Prime Minister, to determine the shape and structure of the Cabinet system and how it is to operate.

The Cabinet Handbook lays down the principles and conventions by which the Cabinet system operates. It also outlines the procedures designed to ensure that the Cabinet process fulfils its central purposes of contributing to consistency in public policy formulation, supporting Ministers in meeting their individual and collective responsibilities, facilitating coordinated and strategic policy development and enabling informed decision making on all issues requiring collective determination.

The Drafter’s Guide (for Cabinet documents)

The Drafter’s Guide aims to assist Ministers’ senior advisers, departmental policy advisers and Cabinet Liaison Officers in the preparation of Cabinet submissions and memoranda. The Guide is available from the Cabinet Liaison Officer in each agency.

Federal Executive Council Handbook

The Federal Executive Council is established by section 62 of the Australian Constitution to ‘advise the Governor-General in the Government of the Commonwealth’. Under section 63, any functions or powers vested in the ‘Governor-General in Council’ by the Constitution must be carried out or exercised with the advice of the Federal Executive Council.`

Legislation can also confer powers on the Governor-General — such as making regulations or appointing statutory office holders— that are exercised ‘in Council’.

The Federal Executive Council Handbook is issued by the Federal Executive Council Secretariat in the Department of the Prime Minister and Cabinet, for the convenience of Ministers and officials who prepare Executive Council documents. The Handbook aims to give an overview of the process and operations of the Executive Council that will assist users in preparing and submitting documents for consideration.

The appendices to the Handbook provide models for the presentation of generic documents, including for regulations and appointments. The Executive Council Secretariat can provide examples and models illustrating more complex points of process and presentation.

Guidelines for the Presentation of Government Documents, Government Responses, Ministerial Statements and Other Instruments to the Parliament

The Guidelines for Presentation of Government Documents, Government Responses, Ministerial Statements and Other Instruments to the Parliament provide advice to agencies on the procedures to be followed when preparing Ministerial statements for presentation in Parliament and arranging for the tabling in Parliament of reports and other documents, including annual reports and responses to parliamentary committee reports.

Rights and responsibilities of witnesses before parliamentary committees

The Guidelines for Official Witnesses before Parliamentary Committees and related matters require public servants to assist Ministers to fulfil their accountability obligations.

Guidance on Caretaker Conventions

The Guidance on Caretaker Conventions explains and provides guidance to agencies on the conventions and practices for handling of the business of Government during the ‘caretaker period’. The caretaker period begins at the time the House of Representatives is dissolved following the calling of an election and continues until the election result is clear or, if there is a change of Government, until the new Government is appointed.

Australian Government branding design guidelines

All Australian Government agencies are required to comply with the Australian Government Branding Design Guidelines.  Further information can be obtained from the Awards and Culture Branch of the Department of the Prime Minister and Cabinet, telephone (02) 6271 5601  or email governmentbranding@pmc.gov.au 

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