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.

(AGENCY LETTERHEAD)
EXECUTIVE COUNCIL EXPLANATORY NOTE
Disclaimer: This explanatory note has been prepared as an aid to understanding this Executive Council
submission and must not be substituted for any part of the submission nor made available for public information.
Proposal
  • 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?
Approval Process
  • Who or what body has approved or recommended the proposal before submission to Executive Council (e.g. Cabinet, Minister, CEO, board, selection panel)?
Regulatory Impact Assessment
  • 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.
Consultation
  • 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?
Appointments
  • 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.
Relation to Policy
  • Is the proposal relevant to Government policy or any Government or agency initiative?
  • Is a public announcement planned? When will this occur?
Sensitivity
  • 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?
The details contained in this submission are accurate and complete.
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Agency CEO / Deputy