2.9 Obtaining appropriate advice

The preparation of well-drafted legislation requires input from skilled, experienced professionals. At the development stage, the carriage of the matter will generally be given to an experienced policy or instructing officer. That officer will routinely seek the input of skilled persons from other areas of the relevant department and, in appropriate cases, the specialist skills of a consultant.

Within the officer’s department, there may be an internal policy or legal services unit that is able to provide advice from a departmental perspective. Outside the officer’s department, a number of central agencies may provide whole-of-government advice, some of which are listed below:

• The Department of the Premier and Cabinet’s Policy Division provides whole-of-government policy advice on a wide range of matters including, for example, the development of sound legal frameworks that help government achieve its policy objectives.
• OQPC provides advice on the application of fundamental legislative principles, whether legislation is necessary and alternative ways of achieving policy objectives and other legislative issues that arise.
• The Department of Justice and Attorney-General provides advice on offences, on powers of police and other State officials, and on interaction with Commonwealth corporations legislation (see Chapters 2.11.4 and 2.11.14).
• The Crown Solicitor and other legal teams within Crown Law provide general and specialist legal advice, particularly on any matter affecting the State’s liability.
• The Solicitor-General also provides legal advice, particularly on constitutional matters.
• The Office of Best Practice Regulation in the Queensland Competition Authority is the central point of contact for advice, guidance and training about reducing the regulatory burden and about the government’s RIS system.
• The Treasury Department also provides advice on financial matters and National Competition Policy issues.

Obtaining appropriate advice at the development stage often removes difficulties that might mean the difference between gaining or not gaining Cabinet support for the objective.

It should also be noted that The Queensland Cabinet Handbook includes specific requirements for consultation with other departments and committees and the community. Some of these requirements are mentioned in Chapter 2.11.