Appendix A: Explanatory Note Proforma

Appendix A: Explanatory Note Proforma

Explanatory Notes provide plain language explanations of matters considered by the Executive Council.
They are a critical part of the submission and ensure Council members are fully briefed. Agencies should follow the format below, providing responses under the suggested headings, where applicable.

• Clearly explain what the Executive Council is being asked to do.
• What is the legislative authority for the action (relevant Act and section)?
• What is the background to the proposal?

• For regulations and bylaws: What is the general purpose?
• For establishment of a new entity: What will be its function?
• For changes to government fees: To what extent will fees be changed and why?

• Who or what body has approved or recommended the proposal before submission to Executive Council (e.g. Cabinet, Minister, CEO, board, selection panel)?

• Should this proposal be subject to the Government’s Regulatory Impact Assessment (RIA) requirements? (See http://www.finance.wa.gov.au/cms/content.aspx?id=16898). If yes:
• Indicate whether a Treasurer’s Exemption has been obtained or whether RIA was satisfied through an approved Preliminary Impact Assessment or Regulatory Impact Statement.
• Provide the proposal’s Regulatory Gatekeeping number.

• What consultation was undertaken? What were the outcomes? Details of positive AND negative feedback should be included.
• How have any concerns raised about the proposal been addressed?
• Was legal advice sought? From whom?

• Explain why this appointee is considered the most suitable person for the position.
• Provide brief background information for appointees, including a CV, where possible.
• Provide a copy of the Cabinet approval, if applicable.

• Is the proposal relevant to Government policy or any Government or agency initiative?
• Is a public announcement planned? When will this occur?

• Does the proposal involve sensitive or contentious issues (e.g. for the Government, the community, business, individuals)?
• Is it likely to be politically or commercially sensitive? Explain why.
• For criminal matters, are there any victim or offender issues which require comment?