Guidelines for submissions to the Executive Council

Deadlines

  1. The Executive Council meets each Wednesday morning. All Minutes must be received by The Cabinet Secretariat by midday on the Friday preceding the Executive Council meeting at the latest. Any Minutes which arrive after this time will be held over for a future meeting.
  1. In instances where it is proposed that a Minute proceed to a particular meeting but where the deadline outlined in paragraph 1 above is for some exceptional reason not able to be met, a request seeking exemption must be made in the first instance to the Branch Manager, Cabinet Secretariat. This may require the formal approval of theGeneral Counsel, Department of Premier and Cabinet. The request should demonstrate the reasons for the document's urgency.
  1. All Executive Council material should be addressed to: Joanne Paizes, Branch Manager, Cabinet Secretariat, Level 39, GovernorMacquarieTower.
  1. All Minutes should be signed by the Minister prior to despatch to Cabinet Secretariat.
  1. All Minutes should follow the format provided at

Explanatory Notes

  1. All Executive Council Minutes must have an adequate explanatory note which briefly:
  • describes the proposal, why it is necessary, and any relevant history;
  • identifies relevant current Government policy and explains any departures from such policy;
  • identifies other administrations affected by the proposal and outlines any consultations that have taken place;
  • briefly outlines anticipated impacts;
  • explains the reason for any delay in processing appointments (see below); and
  • identifies an appropriate contact officer and telephone number.

Proclamations

  1. Papers submitted to Executive Council regarding proclamations should consist of the Minute, the Proclamation (signed by the Minister), an opinion from the Parliamentary Counsel (where applicable) and an explanatory note.

Regulations

  1. Papers submitted to Executive Council regarding regulations should consist of the Minute, the regulation (signed by the Minister), a subordinate (where applicable) legislation certificate (signed by the Minister) an opinion from the Parliamentary Counsel (where applicable) and an explanatory note.

Compulsory Acquisition of Land

  1. Papers submitted to the Executive Council regarding compulsory acquisition of land should consist of the Minute, a schedule (unsigned), a map clearly identifying the area affected, and the explanatory note.

Medical Retirements

  1. Papers submitted to the Executive Council regarding medical retirements from the Public Service should consist of the Minute, a Health Quest medical certificate, and an explanatory note.
  1. Resignations of officers from the Public Service do not require the approval of the Governor.

Appointments

  1. All Executive Council Minutes relating to general appointments must:
  • be accompanied by an explanatory note; and
  • a schedule identifying name, position title, grading and commencement date.
  1. All Executive Council Minutes relating to appointments to Government Boards/Committees or the Senior Executive Service must:
  • identify the agency and title of the position, name of appointee, period of appointment and commencement date;
  • be accompanied by an explanatory note; and
  • be accompanied by a brief resume for each appointee (except in cases of reappointment).

Retrospective Appointments

As a general principle, it is unacceptable for appointments which have a retrospective effect to be submitted to the Executive Council. Subject to the terms of the legislation under which they are made, serious questions can arise regarding the validity of such appointments.

Nonetheless, it is recognised that on occasion exceptional circumstances will arise which render it impossible to avoid having to make an appointment that contains a retrospective element. In these instances, Ministers are to include in the explanatory note a full explanation as to why a retrospective appointment is necessary and what measures have been put in place to prevent a recurrence.

In respect of retrospective appointments, two separate Executive Council Minutes need to be submitted, namely one Minute which deals with the retrospective period of appointment and a second Minute which covers the period from the Executive Council meeting at which the appointment is approved.