Guide to legislation program variations

The Australian Government’s legislation program is set by the Parliamentary Business Committee (PBC). The program lists the bills the government plans to introduce in the Australian Parliament for a given sitting period. Parliament has three sitting periods each year.

Once PBC finalises the legislation program, ministers can request variations. These may include:

• adding a new bill to the program
• adding or removing substantial measures from an existing bill
• proposing substantial amendments requiring significant drafting resources to a bill already before parliament
• splitting an existing bill into two or more bills
• upgrading the category of a bill on the program.

Using this guide

This guide outlines the process for requesting variations to the legislation program. Australian Public Service employees working on legislation must coordinate with their department's Legislation Liaison Officer (LLO) and familiarise themselves with the:

• Legislation Handbook
• website of the Office of Parliamentary Counsel.

For definitions of terms used in this guide, see the Glossary.

For more on the role of LLOs, refer to Appendix B of the Legislation Handbook.

Note that this guide is for general reference and does not replace or supersede other official resources.

Step-by-step guide

Step 1. Determine the type of variation

To add a new bill or modify an existing bill, proceed to Step 2

To upgrade the category of an existing bill, skip to Step 8

Step 2. Settle policy details

The department ensures that the policy scope of the proposed variation is well developed. The department consults:

• key stakeholders and advisers (including obtaining legal advice)
• relevant PM&C policy teams
• other departments and ministers who may be affected by the policy
• the Office of Impact Analysis.

The department incorporates feedback and seeks further input as needed.

Step 3. Obtain policy approval

The department consults the relevant PM&C policy teams to determine the appropriate approvals process for the policy. The department obtains policy approval as per this advice, ensuring the department’s LLO is kept up-to-date.

Step 4. Notify the PM&C Legislation Section

The department coordinates with their LLO to seek advice from the PM&C Legislation Section.

The PM&C Legislation Section provides guidance on next steps, including whether a variation may be required.

Step 5. Seek advice from the First Parliamentary Counsel

The department’s LLO advises the First Parliamentary Counsel that they intend to request a variation, and seeks confirmation that a variation is necessary. The LLO seeks comments for inclusion on the variation form.

Step 6. Prepare and issue drafting instructions

The department prepares and sends drafting instructions to the Office of Parliamentary Counsel (OPC). Drafting instructions should clearly describe the policy intent and how each element will be implemented. Before drafting, the department should ensure:

• the policy is fully developed
• policy authority is in place
• legal and constitutional issues are addressed
• relevant ministers and agencies are consulted.

Step 7. Prepare the variation request

The department prepares the variation request and the LLO provides a draft to the PM&C Legislation Section.

Step 8. The Minister writes to the Prime Minister asking to vary the legislation program

The department prepares a letter from the Minister to the Prime Minister, submitting the bid variation request for consideration. The draft letter and variation should be shared with the PM&C Legislation Section as early as possible.

The Minister’s letter:

• explains the variation request
• justifies why the variation is needed in the current sitting period (rather than in a future sitting period)
• confirms that policy authority is in place and drafting instructions have been issued (or explains why they have not)
• includes a statement of reasons (if seeking category T status).

If seeking to upgrade the category of a bill, the letter must provide compelling reasons.

For more information on the letter, refer to Sections 2.29 - 2.34 of the Legislation Handbook.

Step 9. Submit variation documents

The department coordinates with the LLO to lodge the signed letter, variation form, and where category T status bills are sought, a statement of reasons, to the PM&C Legislation Section by the relevant deadlines (refer to Step 10 for details).

Step 10.The Parliamentary Business Committee reviews requests

In advance of each sitting week, the PBC meets to review variation requests. Additional meetings may be scheduled to address urgent matters during exceptional circumstances.

Step 11.The Parliamentary Business Committee updates the legislation program

The PBC updates the legislation program to reflect accepted variations. Decisions are recorded in Cabinet minutes, which are then distributed to Cabinet Liaison Officers. Ministers do not receive direct responses to submissions.

Glossary