Page:Australian Government Legislation Handbook.pdf/11



PURPOSE OF THE HANDBOOK

1.1 This handbook describes the procedures involved in making a law, especially those coordinated by the Department of the Prime Minister and Cabinet (PM&C).

1.2 Law-making is a lengthy process and requires a number of steps to be completed either simultaneously or sequentially. This chapter provides a short overview of the key matters that departments are required to take into account when formulating legislative proposals. The following chapters outline the steps necessary to get an Act of Parliament onto the statute book.

WHEN IS LEGISLATION REQUIRED?

1.3 Departments are encouraged to give careful consideration as to whether legislation is actually needed or whether administrative action would be sufficient. Legislative resources are best directed towards proposals that require legislation.

CONSULTATION WHEN DEVELOPING LEGISLATION

1.4 Consultation on proposed legislation must occur with relevant parties within government (see : Referral of drafts to agencies prepared by the Office of Parliamentary Counsel (OPC)) and, where appropriate, with independent experts and interested parties outside government (see limitations at paragraph 1.8). Consultation with OPC must also occur at an early stage to ensure that policy can be reflected in legislation.

1.5 The responsibility for undertaking consultation rests mainly with the minister/department sponsoring the legislation (referred to throughout the handbook as the department). In considering options for consultation, departments may wish to keep in mind the role that parliamentary committees play in the legislation process, and the widespread consultation that committee consideration may entail.

1.6 The timing and extent of consultation may vary and are matters for the judgement of the minister, or department, or consideration by the Cabinet. In some cases, it may be desirable for consultation to take place on general principles at the time policy issues are being developed (see paragraph 3.17(j) and paragraphs 3.14 to 3.17); in other cases, consultation on the draft legislation may be more appropriate (see paragraphs 6.11 to 6.14 regarding security and advance disclosure/exposure of draft bills).

1.7 There may be cases where the urgency attached to the legislation will prevent widespread consultation. As a minimum, consultation must occur in line with : Referral of drafts to agencies prepared by OPC (see Attachment B to that Direction). In addition, where the proposed legislation will amend laws that are another minister's responsibility, then the responsible minister's portfolio must be consulted and written agreement obtained (see paragraph 6.8).