Introduction

10.1 Governments require that all government bills and amendments are subject to internal party clearance. Special arrangements may be made in respect of Budget and other sensitive legislation, and urgent and unforeseen legislation. For a Labor government, this is the Caucus. For a Coalition government, this is the Joint Party. The reference to ‘party clearance’ below is intended to be a general reference to the party clearance mechanism.

The process

Government members’ policy committees

10.2 Before party consideration, all bills and amendments are to be considered by the relevant government members’ policy committee. Each minister is responsible for consulting the committee about their legislation and the necessary arrangements are made by the minister’s office. Departments need to ensure there is time for this consultation when they consider the timetable for legislation. In the week or so before a bill is to be introduced, the departmental instructing officer may wish to remind their minister’s office of the need for the office to make arrangements to have the bill considered by the relevant committee before party consideration. Committees do not normally meet during non‑sitting weeks. If a bill is to be introduced in a week following a non-sitting week, the minister’s office may need to contact the committee chair to discuss arrangements for consideration of the bill.

Party clearance

10.3 Parties usually meet on Tuesday morning of a sitting week and will consider bills and amendments for introduction. Draft bills and amendments are not to be provided for party clearance processes. As with the policy committee process, each minister is responsible for explaining their bill or amendments, or for ensuring another minister attends for that purpose if the minister is unable to attend. Each minister’s office is responsible for preparing briefing notes on their minister’s legislation.

The role of departmental staff

10.4 Departmental officers may be asked to attend policy committee meetings to provide factual briefing and background material. It is not appropriate for officers attending policy committee meetings to enter into discussions on matters of policy; this is the preserve of the minister. Reference can be made to the appropriate parts of the Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters.

10.5 Ministers may ask their departments to provide briefing for use by the minister for party clearance processes. Any briefing of a political nature is to be prepared by the minister’s personal staff.

Consultation with independent or non-government parties

10.6 The period between the second reading speech on a bill and the resumption of the second reading debate (normally about a week for category T bills and the period until the next sittings for other bills) enables consideration of the bill by the independent or non‑government members or senators.

10.7 However, a minister may wish to brief the independent or non‑government members or senators on a draft bill, especially for category T bills where exemption will be sought from the cut‑off order in the Senate (see paragraphs 2.40 to 2.41 and 13.12 to 13.13). The responsible minister must seek the Prime Minister’s agreement if they wish to provide a draft bill to independent or non‑government members or senators before introduction into the Parliament.

10.8 Consultation with the Opposition and other independent or non‑government members or senators about the content of legislation once introduced is a matter for the minister responsible for the legislation. The relevant PLO must be kept informed of any developments that may affect the timing of debate. Departmental staff may also be asked to provide factual information for this consultation.