Guidelines for the Presentation
of Documents
to the Parliament
(including Government documents,
Government Responses to Committee Reports
Ministerial Statements, Annual Reports
and Other Instruments)
MAY2015
Copies of these Guidelines can be obtained from the Department of the Prime Minister and Cabinet website at
Guidelines for the Presentation of Documents to the Parliament
© Commonwealth of Australia 2015
ISBN978-1-925237-55-9 / (PDF)ISBN978-1-925237-56-6 / (DOCX)
May 2015
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May 20151
Guidelines for the Presentation of Documents to the Parliament
Table of Contents
1.0Introduction
2.0Why documents are presented/tabled
3.0Tabling days in Parliament
Confirmation that a document has been tabled
4.0Presentation of Government documents (including department and entity annual reports) to Parliament
Printing and publishing standards for documents
Requirements for tabling of Government documents and annual reports
Departments
Entities other than departments
31 October deadline
Compliance with relevant legislation......
Scrutiny of reports by parliamentary committees
Overdue reports (31 October deadline)
Deadline if a House is not sitting on the due date
Steps leading to the tabling of a document
Ministerial approval
Copies
Advance advice to PM&C Tabling Officer
Covering memorandum to the PM&C Tabling Officer
Correction of errors in documents
Presenting documents when Parliament is not sitting
Release prior to tabling
Parliamentary privilege
Reports of Royal Commissions
Availability of documents online once tabled
5.0Government responses to parliamentary committee reports
Timeframe for responses
Preparation of Government responses
Approval process
Tabling requirements
Ministerial Statement to accompany the tabling of a Government response
Overdue responses
Overdue responses – Resolution of the House of 29 September 2010
Periodic reports by Presiding Officers
Reports not requiring a Government response
6.0Ministerial Statements
Presentation in Parliament
Ministers planning to make a statement
Once clearance has been received for a Ministerial Statement to be done in the House
7.0Deemed /Clerk’s documents
Advice to the Clerks
Timing for tabling
Copies
8.0Presenting documents to the President of the Senate when the Senate is not sitting
9.0Additional copies for the Parliamentary Papers Series and Commonwealth Library Deposit
and Free Issue Schemes
Parliamentary Paper Series
Commonwealth Library Deposit and Free Issue Schemes
Copies
Funding additional copies
10.0Security arrangements
Access to Parliament House
Additional copies
Appendices
APPENDIX A- Maps of Parliament House – Basement and Ground Floor
APPENDIX B- Summary of tabling requirements on sitting days – General
APPENDIX C- Government documents (including annual reports) – Summary of copy requirements
APPENDIX D- Government responses to parliamentary committee reports – Summary of copy requirements
APPENDIX E- Ministerial Statements – Summary of copy requirements
APPENDIX F- Deemed /Clerk's documents – Summary of copy requirements
APPENDIX G- Presentation of documents to the President of the Senate when the Senate is not sitting (summary of copyrequirements)
APPENDIX GA- Sample covering email to notify availability of documents online once tabled
APPENDIX H-Covering memorandum to the PM&C Tabling Officer
APPENDIX I-Template for the title page of a Government response
APPENDIX J- Ministerial Statement title page
APPENDIX K- Extract: Senate Standing Orders and other orders of the Senate - Senate resolution of continuing effect relating to Government responses to committee reports
APPENDIX L- Extract: Senate Standing Orders and other orders of the Senate - Senate standing order 166 – Other methods of tabling documents
APPENDIX M- Formtransmittal letter from a Minister to the President of the Senate to present a document when the Senate is not sitting
APPENDIX N- Labels fortabling of Government documents
APPENDIX O- Labels for tabling of Government responses
APPENDIX P- Labels for tabling of Ministerial Statements
APPENDIX Q- Contacts for Inquiries
APPENDIX R- Useful Resources
APPENDIX S- Consolidated summary of copy requirements
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Test
1.0Introduction
1.1 The purpose of these guidelines is to provide advice to departments, other non-corporate Commonwealth entities, corporate Commonwealth entities and Commonwealth companies on the procedures to be followed when:
- arranging for the tabling in Parliament of Government reports and other documents, including annual reports and responses to parliamentary committee reports, and
- a Ministerial Statement is to be presented to Parliament.
1.2 The Tabling Officer of the Department of the Prime Minister and Cabinet (PM&C Tabling Officer) is responsible for coordinating the presentation/tabling to Parliament of Government documents, with the exception of the following:
- documents required by statute to be presented by the Speaker and the President, e.g. Auditor-General’s reports (please note that copy requirements apply in regard to the Senate Table Office, House of Representatives Table Office, Parliamentary Library and the Parliamentary Press Gallery), and
- documents presented as deemed documents in the House of Representatives and as Clerk’s documents in the Senate (see paragraphs7.1 – 7.7).
1.3 In all instances, it is the responsibility of individual departments, other non-corporate Commonwealth entities, corporate Commonwealth entities and Commonwealth companies to ensure compliance with legislative reporting and tabling requirements.
1.4 Unless otherwise indicated in these guidelines, references to “departments” include other non-corporate Commonwealth entities, corporate Commonwealth entities and Commonwealth companies.
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Test
2.0Why documents are presented/tabled
2.1 The tabling of documents is an important means of keeping the Parliament informed of the Government’s activities. It demonstrates the accountability of the Government to the Parliament and the community, and provides an important primary source of information to senators and members as well as placing information on the public record.
2.2 Some documents are required to be tabled by statute. These include annual reports and reports of the Australian Law Reform Commission and the Productivity Commission. Other documents that are tabled include Treaties and reports of Royal Commissions.
2.3 Documents prepared for tabling are confidential (under embargo) to the Government until they are presented to the Parliament. For that reason, appropriate security should be in place until the document is tabled. Documents must be appropriately packaged and labelled for each addressee and delivered by hand. Departments need to ensure that any contracted courier or printer services are aware of this requirement.
May 20151
Guidelines for the Presentation of Documents to the Parliament
3.0Tabling days in Parliament
3.1 Documents required to be presented to the Parliament must be tabled in both Houses, unless the document relates only to the proceedings of a particular House (e.g. a Government response to a Senate committee inquiry would be tabled in the Senate only).
3.2 Times for tabling of Government documents and Government responses to committee reports are as follows:
Monday / Tuesday / Wednesday / ThursdayHouse of Representatives / *# after Question Time, approx. 3.10pm / *# after Question Time, approx. 3.10pm / *# after Question Time, approx. 3.10 pm / *#† after Question Time, approx.3.10 pm
Senate / Government documents are not tabled in the Senate on Monday / * 12.30 pm, immediately after prayers / * 9.30 am,immediately after prayers / †‡ after question time and motions to take note of answers, between 3.30 pm and
4.30 pm.
Government documents are not tabled in the Senate on Thursday
* Government documents
# Government responses to House of Representatives committee reports
† Government responses to joint committee reports
‡ Government responses to Senate committee reports
3.3 Government documents tabled in the House of Representatives on a Thursday will be tabled in the Senate on the next available sitting day.Documents presented out of sitting in the Senate are tabled in the House of Representatives on the next available tabling day. (see paragraphs 8.1 - 8.7).
Confirmation that a document has been tabled
3.4Once documents are tabled in Parliament, the PM&C Tabling Officer will inform relevant departmental staff via email that their document has been presented.At this time, the department is required to upload an electronic version of the document onto their website, making sure the document is easy to locate. (see paragraph 4.35)
3.5Titles of the documents tabled in the House of Representatives are recorded in the Votesand Proceedings.
3.6 Titles of documents tabled in the Senate are recorded in the Journals ofthe Senate.
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Guidelines for the Presentation of Documents to the Parliament
4.0Presentation of Government documents (including department and ENTITYannual reports) to Parliament
Printing and publishing standards for documents
4.1Documents should be printed in accordance with the Printing standardsfor documents presented to Parliament(Standards) prepared by the Joint Publications Committee.
Documents to be included in the Parliamentary Papers Series must be printed on International B5 size paper.
4.2Documents tabled in Parliament must also be available electronically and must conform to the mandatory requirements set out in the Australian Government Web Guide (see paragraphs 4.35 -4.36).
4.3 Departments should familiarise themselves with the Standards and the Web Guide. Failure to comply with either may result in additional costs to the department where the document is to be included in the Parliamentary Papers Series (see paragraphs 9.1 - 9.5).
Requirements for tabling of Government documents and annual reports
Departments
4.4 Section 63 of the Public Service Act 1999 (PSA), requires that “after the end of each financial year, the Secretary of a Department must give a report to the Agency Minister, for presentation to the Parliament, on the Department’s activities during the year”.
4.5 Subsection 63(2) of the PSA provides that “the report must be prepared in accordance with guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit”. This document, Requirements for Departmental Annual Reports, is available on the Department of the Prime Minister and Cabinet website at
4.6 The guidelines provide that “a copy of the annual report is to be presented to Parliament on, or before, 31 October in the year in which the report is given”. The provisions of section 34C of the Acts Interpretation Act 1901 (AIA) apply in relation to an application for extension of the period and related matters.
Entitiesother than departments
4.7 Section 70 of the PSA provides that “after the end of each financial year, an Executive Agency, must give a report to the Agency Minister for presentation to the Parliament, on the Agency’s activities during the year”. As a matter of policy, the requirements of the PSA for annual reports also apply to non-corporate Commonwealth entities, as defined by the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
4.8 In respect of corporate Commonwealth entities, as defined by the PGPA Act, section46 of the PGPA Act provides that the accountable authority of a corporate Commonwealth entity must prepare an annual report and provide it to the responsible Minister by the 15th day of the fourth month after the end of the reporting period for the entity. The responsible Minister must, in turn, present the report to the Parliament. The PGPA Rule – annual reporting for corporate Commonwealth entities and Commonwealth companies details content that must be included in annual reports for corporate Commonwealth entities and Commonwealth companies.It is Government policy that reports are tabled by 31 October.
4.9 Undersection 97 of the PGPA Act, Commonwealth companies are required to give the responsible Minister a copy of the company’s annual report, which is prepared according to the requirements of the Corporations Act 2001 by the earlier of 21 days before its annual general meeting or four months after the end of the reporting period for the company. For whollyowned Commonwealth companies, the annual report must also include any additional requirements prescribed by the PGPA Rules, and the Minister must table the report as soon as practicable after receiving it. For all other Commonwealth companies, the Minister must table the report as soon as practicable after the annual general meeting.
31 October deadline
4.10 PM&C’s Requirements for Annual Reportsstate that “it remains the Government’s policy that all annual reports should be tabled by 31 October”. This ensures that annual reports are available for scrutiny by the relevant Senate standing committee at the supplementary budget estimates hearings.
Compliance with relevant legislation
4.11 Departments, non-corporate Commonwealth entities, corporate Commonwealth entities and Commonwealth companies should be aware of and comply with any other statutory provisions that relate to their reports.They should not rely solely on PM&C’s Requirements for Annual Reports and the Minister for Finance’sPGPA Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015 (Annual Reports Rule)which provides for annual reporting for corporate Commonwealth entities and Commonwealth companiesfor 2014-15.
Scrutiny of reports by parliamentary committees
4.12 In the Senate, annual reports are referred to the relevant standing committee which is required to examine each annual report, and report to the Senate whether the report is satisfactory (Senate standing order 25(20)). The committees may report in greater detail on selected reports, including any considered to be unsatisfactory in terms of timeliness, publication standards or compliance with other requirements.
4.13 In the House of Representatives, annual reports are referred to the relevant House general purpose standing committee for any inquiry the committee may wish to make.
Overdue reports (31 October deadline)
4.14 Where departments are unable to meet the 31 October deadline or the deadline specified in their relevant legislation, an extension should be sought in accordance with their relevant legislation or subsections 34C(4)-(7) of the AIA, as appropriate.
4.15 An explanation to be given to the Minister by way of a letter from the departmental secretary or accountable authority is to show:
- the department or entity name;
- the date the report was given or is expected to be given;
- the reasons for the delay, and
- the date the annual report was or is due to be given to the Minister;
- the name and telephone number of a contact officer in the department or entity.
4.16 An explanation given retrospectively (that is, one given under subsection 34C(7) of the AIA) must include the reason why an extension was not sought under subsection 34C(4) of the AIA in advance of the expiry of the specified period.
4.17 Statements relating to extensions for overdue reports which are required to be ‘laid before each House of Parliament’ are to be tabled as Clerk’s documents in the Senate and deemed documents in the House of Representatives (see paragraphs 7.1 - 7.7).
Deadline if a House is not sitting on the due date
4.18 Where the Parliament is not sitting on 31 October (or on other statutory deadlines) or the days leading to that deadline, departments and entities should arrange for statements under 4.17 above to be presented out of sitting in the Senate (see paragraphs 8.1 - 8.7).
Steps leading to the tabling of a document
Ministerial approval
4.19 Departments should submit completed reports to their Minister for approval to table in Parliament, and advise their Minister of any timing considerations; in particular, any statutory time limits for tabling.
4.20 Departments should ensure that the necessary arrangements, including printing of the required copies, are undertaken in sufficient time to allow compliance with the prescribed time limits.
Copies
4.21 Copies should be packaged and delivered according to Appendices B, Cand N. It is the responsibility of departments to ensure these requirements are met. Should there be any difficulties in providing the required copies, the PM&C Tabling Officer must be contacted immediately (see Appendix Q).
Advance advice to PM&C Tabling Officer
4.22 The PM&C Tabling Officer should be alerted of any special timing considerations for tabling, such as:
- a particular need for a report to be tabled simultaneously in both Houses (e.g. because of the report’s sensitive or controversial nature), or
- a preference by the Minister for a report to be tabled in one chamber before the other.
4.23 Where there is a particular urgency for a document to be tabled, the PM&C Tabling Officer should be advised with as much notice as possible, otherwise tabling will be arranged to occur on the next available tabling day in the respective chambers.
Covering memorandum to the PM&C Tabling Officer
4.24 Delivery of copies of a report to the PM&C Tabling Officer should be accompanied by a covering memorandum from the department (see Appendix H) setting out the following information:
- date the report was transmitted to the Minister (in the case of annual reports and other reports required to be tabled by statute):
this is the date on which the finalised report (whether in manuscript form prior to going to print or in the form of a printed publication) was first submitted to the Minister
if the tabling of an entity report is being handled through a department on behalf of its portfolio bodies, it is essential that the department ascertain if the report has already been transmitted directly to the Minister and the date thereof;
where there are statutory time limits involved and the report was transmitted late to the Minister, the covering memorandum should also indicate the date by which the report should have been transmitted to the Minister in accordance with the relevant statutory provisions
date of receipt by the Minister (in the case of annual reports and other reports required to be tabled by statute) – this is the date on which the Minister first sighted the finalised report
- confirmation that the Minister has agreed to table the report,
- any statutory requirements to table the report citing the relevant Act and section
- whether the Minister proposes to make a statement on presentation (see paragraphs 6.1 - 6.5), and
- a contact officer in the department or entity and phone number.
Correction of errors in documents
4.25 If errors are discovered in a report that is to be, or has been tabled in Parliament, the author department must contact the PM&C Tabling Officer as soon as possible about arrangements for correcting the errors. Generally, corrections are tabled in the same manner and subject to the same copy requirements (including approval by the relevant Minister) as the original report.