Page:Australian Government Cabinet Handbook 15th edition.pdf/42

 ANNEX F – DECISIONS OF THE CABINET

1. Although the recorded outcomes of Cabinet discussions are often referred to as Cabinet 'decisions', they are formally known as Cabinet minutes. As the Cabinet has no legal or statutory status, the decision‐maker from a legal perspective is normally the Parliament, the Federal Executive Council, the relevant minister or an official with designated statutory powers.

2. Cabinet Committee minutes that require endorsement by the Cabinet are marked accordingly. When they have been endorsed by the Cabinet, a superseding minute is issued.

3. It is important that the Cabinet minutes reflect this position and do not pre‐empt the carrying out of due process or the proper exercise of any discretion (whether under statute or prerogative) by the responsible minister. Cabinet may 'note' rather than 'agree' matters in these circumstances.

Circulation

4. Once the Cabinet Secretary has approved and signed the Cabinet minutes, Cabinet Division is responsible for circulation.

5. Cabinet minutes are Cabinet documents and include appropriate security markings (see Annex H – Cabinet documentation).

6. The Cabinet and Cabinet Committee minutes are normally circulated to all Cabinet ministers, any non‐Cabinet ministers co-opted to a meeting or having a direct portfolio interest in the matter, and to relevant departments. Cabinet minutes are also circulated to departments which are specifically required to take action or which have a need to know and to no others.

7. Departmental secretaries are expected to have procedures in place to ensure that Cabinet minutes are circulated internally with the strict application of the 'need‐to‐know' principle.

8. Officers in a department which does not receive a copy of a Cabinet minute in its initial circulation may consider, on advice from their minister’s office or from other departments, that they require access to the Cabinet minute. In that case, a request may be made in writing to Cabinet Division, indicating the reasons for the request.

9. Except for those agencies with major executive functions relating to the day‐to‐day business of government (such as the Office of Parliamentary Counsel and the Australian Taxation Office), agencies other than departments do not normally receive copies of Cabinet minutes. Rather, in the event of minutes affecting such bodies, it is for ministers with responsibility for them to arrange that they be informed of what is required and by when. Ministers will often look to their secretaries to discharge this responsibility on their behalf. Where an agency has been directly involved in the preparation of a matter for the Cabinet or directly affected by the outcome of the Cabinet's deliberations, the relevant Cabinet minute may be issued to the chief executive officer of that agency.

10. Departments with coordinating responsibilities in an area affected by a Cabinet minute should, as appropriate, convey the effect of that Cabinet minute to other departments and authorities.