5.1 Matters for consideration by Cabinet prior to submission to Governor in Council

Departments must ensure that, where necessary, any matters requiring prior Cabinet approval have received that approval before Executive Council Minutes are submitted to the Executive Council Secretariat.

Some matters need Cabinet approval prior to submission to the Governor in Council.

Matters requiring approval by Cabinet are listed in the Queensland Cabinet Handbook. Matters for which prior Cabinet approval may be necessary before proceeding to an Executive Council Minute include:

• proposals that will require new or amending legislation including subordinate legislation that is significant in scope or of political or administrative importance;
• all significant appointments to statutory offices, boards, commissions and principal advisory bodies set up under statute, and all appointments of Members of Parliament to Government bodies;
• commencement of high value projects valued over the amount prescribed from time to time by Government policy;
• proposed subordinate legislation (other than exempt subordinate legislation) not drafted by the Office of the Queensland Parliamentary Counsel; and
• matters likely to have a considerable impact on relations with Commonwealth, Local and other State Governments, community groups, employer groups, the unions, or on community relations.

Where a matter requires approval by both Cabinet and the Governor in Council, the matter must first be submitted to Cabinet for consideration and then, following Cabinet approval, to the Governor in Council. Except in the case of significant appointments and project commencement approvals, it is not appropriate for an Executive Council Minute to be submitted with the associated Cabinet Submission as this would be pre-empting Cabinet's determination on the matter.

Significant appointments and project commencement approvals are the only matters which can be considered by Cabinet and the Governor in Council the same week.

If, because of urgency, both documents need to be presented at the same time, such action should be discussed initially with the Executive Council Secretariat.

In the event that the matter is not approved by Cabinet, contact should be made urgently with the Executive Council Secretariat to ensure that the Executive Council Minute does not proceed.