EXECUTIVE SUMMARY
The Legislation Handbook (the handbook) provides comprehensive guidance on the requirements of the legislation process—from policy approval and drafting through to passage in the Parliament.
This is the first revision of the handbook since 2000. It incorporates a number of changes in legislative and administrative practice over recent years. The clarity and usefulness of the handbook has been improved—for example, mandatory requirements have been made clearer, with consistent language such as ‘must’ and ‘required to’. In preparing this updated edition, the Department of the Prime Minister and Cabinet (PM&C) has consulted the Attorney‑General’s Department, the Office of Parliamentary Counsel, the Treasury, the House of Representatives and Senate Table Offices and other relevant agencies.
In view of the complexity of the legislation process, the handbook must be comprehensive to ensure that all aspects of the process are explained. The handbook also reflects the long lead time needed to see a legislative bid to fruition, and details the various parties that are involved in ensuring a successful outcome.
This handbook is intended to comply with parliamentary procedural requirements as set out in standing orders for the House of Representatives and the Senate. It has been designed so that each chapter can stand alone or, if read in its entirety, guide the reader, step-by-step, through the legislation process.
Chapter 1 provides an introduction to the legislation process and asks departments to consider the threshold question—is legislation required? This introductory chapter also examines primary and subordinate legislation and provides examples of matters to be implemented only through Acts of Parliament. The need for consultation is also emphasised and the chapter sets out the key players in the legislation process.
Once it is determined that legislation is required, Chapter 2 provides guidance on getting a bill on the legislation programme so that departments are able to access drafting resources. The Parliamentary Business Committee of Cabinet determines the Government’s legislation programme in advance of a sitting period and accords a drafting priority to each bill.
All legislation must have full policy approval before it is introduced into the Parliament. Chapter 3 sets out the appropriate levels of policy approval (i.e. Cabinet, Prime Minister, Minister, First Parliamentary Counsel) and outlines the process for obtaining policy approval.
Chapter 4 provides options on the types of bills that are available to implement a proposal. Chapter 5 and Chapter 6 guide departments on the preparation of drafting instructions and the drafting process and outline the responsibilities of the instructor and the drafter. Departments may need to consult widely during the drafting process to ensure that all relevant matters are considered and, where necessary, formal written agreement is provided by relevant ministers.
Once drafting of the bill has commenced, departments are encouraged to focus on the preparation of the support material. Chapter 7 sets out the requirements for the explanatory memorandum and the second reading speech. These companion documents assist members of the Parliament, officials and the public to understand the objectives and detailed operation of the clauses of the bill. In light of concerns raised—particularly by Senate committees—about the general standard of explanatory memoranda, it is important that departments ensure that these documents are of a high quality in the interests of improving the transparency of the legislation process, the quality of legislation and the ability of people to read and understand the laws passed by the Parliament.
