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Project Management Fact Sheet


									Project Management
Fact Sheet:
Managing Projects with Legislative
Version 1.1, November 2008


This material has been prepared for use by Tasmanian Government agencies and Instrumentalities.
It follows that this material should not be relied upon by any other person. Furthermore, to the extent
that „this material is relied upon‟, the Crown in Right of the State of Tasmania gives no warranty as to
the accuracy or correctness of the material or for any advice given or for omissions from the material.
Users rely on the material at their own risk.

Inter Agency Policy and Projects Unit
Department of Premier and Cabinet
This Fact Sheet has been developed to                    The development and implementation of
provide information about how to manage                  legislation is one of the key purposes of
projects that involve drafting new or                    any government. It is one way the
amending existing legislation within the                 government of the day puts its policies into
Tasmanian Government. It outlines key                    action or responds to the needs of the
issues for managing the process for:                     community.

     identifying the need for legislation to             Regulations such as by-laws, orders, rules
     be drafted                                          and proclamations may also need to be
     providing instructions for the new                  formulated in order to implement and
     legislation to the Office of                        administer the requirements of an Act.
     Parliamentary Counsel
                                                         While any Member of Parliament is
     taking the legislation through the
                                                         entitled to prepare and present a Bill for
     Tasmanian Parliament
                                                         debate in Parliament, this fact sheet will
                                                         focus on Bills originating from within
It should be noted that this process can be              Government.
very complex, and will vary according to
the nature of the legislation. Advice should
                                                         How do you know if and when
be sought from relevant sources within
your agency and from the Cabinet Office                  legislation is required?
before proceeding.
                                                         The need for new legislation including
The development of legislation is an                     amendments to existing Acts can arise in
excellent example of a project that needs                a number of ways, for example:
to be managed. It involves planning
ahead, managing resources, consultation                        Government policy as articulated by a
with stakeholders, a combination of                            Minister or the Premier
precise and imprecise timelines, risk                          Election commitment
management, reporting, Ministerial                             National or bi-lateral agreement or
involvement, Cabinet approvals and                             obligation
evaluation. If legislation needs to be
developed, project management                                  Stakeholder pressure
processes should be used to manage the                         Inconsistencies/anomalies in existing
process.                                                       legislation
                                                               Formal review date/sunset clause
What is legislation?                                           Problem identified with operation of
                                                               the Act
Legislation is the law made by the
Federal, State or Territory Parliament.                        During the development of a
Laws are detailed in statutes, which is a                      major/complex project
frequently used term for an Act of
Parliament. Parliaments approve statutes                 It can also be identified during the scoping
through a process of debate and voting.                  or planning of a project, or during the
There are very formal and exact                          course of a project.
processes in Parliament to manage the
process of debating, approving and                       The following flow chart illustrates the
implementing legislation.                                general process for developing Tasmanian
                                                         Government legislation before it is tabled
                                                         in Parliament.

Page 2                              Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                        Tasmanian Government Project Management Framework
                          Tasmanian Government
                     Process for Developing Legislation
     Need for new legislation or amendment to existing legislation identified

         If Agency

     Proposal for new or amended legislation formulated within agency

         If Minister
         approves                                Cabinet Minute includes:
                                                    Purpose & overview statement
                                                    Consultation requirements
                                                    Risk assessment
     Cabinet Minute drafted by agency               Communication strategy
                                                    Timeline for progressing Bill
         If Cabinet
                                                                                       Agency Instructing
                                                                                       Officer liaises with
                                                                                       OPC and consults:
     Office of Parliamentary Counsel instructed to draft Bill                            Local Government
                                                                                         Association of
                                                                                         National Competition
     Drafting Officer from Office of Parliamentary Counsel drafts Bill                   Treasury for advice
                                                                                         on regulatory impact
                                                                                         other relevant
                                                                                         bodies and

     Minister provided with final draft of Bill from OPC

         If Minister

     Cabinet considers final draft of Bill for tabling in Parliament

         If Cabinet

     Timing of Bill‟s introduction to Parliament decided
                                                              through consultation between Secretary of Agency,
                                                                       Parliamentary Liaison Office, and
                                                                         Chief Parliamentary Counsel

                                        Bill tabled in Parliament

Page 3                                  Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                            Tasmanian Government Project Management Framework
How is legislation developed?                                Office of Parliamentary Counsel

The Cabinet approval process                                 The Office of Parliamentary Counsel
                                                             (OPC) is responsible for drafting
A document that contains a draft proposal                    legislation for the Government and for
for a new law or for an alteration to an                     non-government members of Parliament.
existing law is called a „Bill‟1. Before a                   Once Cabinet approval has been given to
Government Bill comes to Parliament, the                     draft legislation, instructions are given to a
appropriate Minister must convince                           Drafting Officer in the OPC. The person
Cabinet to proceed with the legislative                      working on the project to develop
proposal through presentation of a                           legislation will provide the drafting
Cabinet Minute. After Cabinet agreement                      instructions to OPC and is called the
is reached, the matter is passed to the                      Instructing Officer in this process. The
Office of Parliamentary Counsel to draft a                   Drafting Officer will prepare a draft Bill,
Bill for Parliament to consider. Cabinet                     which is used for consultation within the
must then approve for the Bill to be tabled                  agency, with the responsible Minister and
(presented) in Parliament.                                   with external stakeholders. Depending on
                                                             the complexity of the Bill or the feedback
The Cabinet Minute must provide the                          from consultation, a number of drafts may
background and policy context for the new                    need to be prepared before a final version
legislation. It should provide enough                        is agreed and approved by the responsible
information for Cabinet members to                           Minister.
understand the purpose of the legislation,
the reasons for the legislation being                        The Drafting Officer‟s role is to prepare
developed, any consultation processes                        legislation that is clear and, as far as
that need to be undertaken, and any risks                    possible, free from ambiguity. The
associated with its successful completion.                   Instructing Officer must provide logical and
                                                             accurate advice and information to the
It is important to outline the timelines for                 Drafting Officer - this can occur over many
progressing the Bill in the Cabinet Minute.                  meetings, depending on the complexity of
The Leader of Government Business in                         the Bill. Policy issues associated with the
the House of Assembly organises the                          Bill must be clarified and resolved prior to
timing of each Bill‟s introduction into                      providing instructions to the Drafting
Parliament. There may be specific                            Officer. If uncertainties about policy
organisational issues that need to be                        implications arise during the drafting
thought through. Alternatively, there may                    stage, they need to be resolved by
be political considerations that need to be                  negotiation with the Drafting Officer or
taken into account when timing the                           within the agency before the Bill can be
introduction of particular legislation.                      finalised.

One of the requirements of preparing a
Cabinet Minute is the inclusion of a
Communications Strategy. The Strategy
should outline all the external
communications that will need to occur as
part of the development and introduction
of the new legislation. The Strategy must
be approved by the Manager,
Communications Unit.


Page 4                                  Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                            Tasmanian Government Project Management Framework
Consultation                                                   benefit of the restriction outweighs the
Consultation on a Bill is one of the most                      objective of the legislation can only be
important considerations when preparing                        achieved by restricting competition or
new legislation. When managing a project                       imposing a significant impost on
that includes a legislative component,                         business
consultation is clearly going to arise as a
key task that will use resources and time.               The Economic Policy Branch of the
It can also be a risk to the successful                  Department of Treasury and Finance
finalisation of the legislation because                  (Treasury) must be consulted about all
consultations can result in significant                  new legislation. The Branch will
changes to draft legislation or prompt                   determine whether the new legislation
changes in policy direction or the                       restricts competition or impacts on
resolution of policy issues that are key to              business. As part of the approval process
the legislation.                                         through Cabinet, the responsible agency
                                                         must include the advice from Treasury
A good example of how consultation can                   about the regulatory impact of the
affect draft legislation is the preparation of           legislation in the documentation to
the Child Care Act 2001. This legislation                Cabinet.
replaced an older Act that was considered
to be out of date and not relevant to the                If Treasury determines that the legislation
current childcare environment. The                       will significantly restrict competition or
childcare industry had evolved over time                 impact on business, it may advise the
and the policy framework had changed                     responsible agency that a Regulatory
since the previous Act was implemented.                  Impact Statement (RIS) needs to be
The Department of Education needed to                    prepared. The RIS is a key part of the
consult with the childcare industry, which               consultation phase and it can form the
includes a range of carer types (eg after                basis of the consultation. This was the
school, centre based, family day care) as                case with the Child Care Bill as the
well as parents, schools, the                            provision of childcare is a business that
Commonwealth Government and Local                        needs to be regulated and the Child Care
Government. The Department developed                     Act is essentially about regulating the
a consultation plan that included meetings               childcare industry. The Economic Policy
across the State over several months.                    Branch can provide more information and
                                                         advice about an RIS, how it should be
The consultation phase for the Child Care                prepared and how to deal with responses
Bill lasted several months and it resulted               to it.
in many redrafts of the Bill. This is usual
for complex or lengthy legislation.                      Consultation and Local Government
Consultation for less complex legislation
may only take a matter of weeks. There is                An important consideration when
no standard timeline for consultation. It                developing legislation is the effect of the
will always depend on the nature of the                  Bill on Local Government. The State
Bill.                                                    Government has an agreement with the
                                                         Local Government Association of
Consultation and National Competition                    Tasmania (LGAT) that the Association will
Policy (NCP)                                             be consulted on new legislation, including
                                                         amendment Bills. The LGAT‟s Legislation
Under the National Competition Policy                    Committee reviews legislation that will
(NCP) requirements, proposed legislation                 have an effect on Local Government.
should not restrict competition or                       With this in mind, the consultation timeline
significantly impact on business unless it               should be long enough to enable
can be demonstrated that the:                            appropriate consideration and review by
                                                         Local Government.

Page 5                              Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                        Tasmanian Government Project Management Framework
Consultation with other Key                              The package of documents must be
Stakeholders                                             delivered to the Parliamentary Liaison
                                                         Officer in the days prior to the Bill being
It is important that other key stakeholders              tabled in Parliament.
are able to consider legislation that is
relevant to them. Key representative                     Political considerations can affect when
groups should be identified and made                     the Bill is tabled. The Leader may request
aware of the draft legislation. This should              that an agency give priority to finalising a
be part of a stakeholder analysis process.               Bill to ensure that it is ready for a certain
                                                         sitting date. Similarly, the agency can
Tabling in Parliament                                    advise the Leader, either through the
                                                         Office of the Secretary or the responsible
Once the content of final Bill has been                  Minister, whether a Bill has particular
agreed, the Office of Parliamentary                      urgency.
Counsel will issue a final version to the
responsible Minister to approve.                         Bills can be tabled in either House of
                                                         Parliament but the vast majority are tabled
It is important that the agency responsible              in the House of Assembly (the Lower
for introducing the Bill liaises with the                House) because the Government of the
Parliamentary Liaison Officer (PLO) to                   day is made up of the majority of members
arrange for the Bill to be tabled. This is               in that House. When a Bill is tabled in
usually done through the agency‟s Office                 Parliament, it is considered to have been
of the Secretary. The PLO works for the                  read for the first time, even though it is not
Leader of Government Business and                        actually read or considered at all. This is
together with the Chief Parliamentary                    known as the First Reading. The Bill must
Counsel, the three of them will decide                   sit in the House for at least two days,
when the Bill can be tabled.                             which includes the day it was tabled.

When a Bill is ready to be tabled in                     The Minister moves that the Bill be read a
Parliament, a package of documents must                  second time and he/she presents the
be prepared for distribution to Members of               Second Reading Speech. After the
Parliament and other individuals who                     speech, the House considers the Bill,
receive documentation relating to Bills                  clause by clause, and all members
being tabled. The package must include:                  present in the House can debate the
                                                         provisions contained in the clauses. This
                                                         is the Committee Stage. The members
     An Advisor Sheet (listing details of the
                                                         can agree to amend clauses but
     departmental officer who will be
                                                         ultimately, the majority numbers will
     providing advice for the Minister when
                                                         approve or reject them. At the end of the
     the Bill is considered in Parliament
                                                         Committee Stage, the Bill is read for a
                                                         third time and put to the House for
     Fact Sheet (one page summary of the
     provisions of the Bill, which is used by
     members of the media as well as
     Members of Parliament)                              Once the Bill is approved (passed) in the
                                                         House, it is sent to the Legislative Council
     Second Reading Speech                               for consideration. The same principles
                                                         apply with First, Second and Third
     Clause Notes                                        Reading stages.

     All the above on a disk for use in                  The Council can propose amendments to
     Hansard and in the Parliamentary                    a Bill but those changes may not be
     Library                                             approved and passed by the House.
                                                         Once the Council has considered the Bill
                                                         and is ready to return it to the House, it is

Page 6                              Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                        Tasmanian Government Project Management Framework
considered to have been read a third time                      Crown Lands (Shack Site)
(Third Reading).                                               Regulations 2002
                                                               Administrative Arrangements Order
Once returned to the House, the Bill is                        2007
read for the third time (Third Reading).
                                                               Proclamation under the Public Health
This is essentially the final approval
                                                               Act 1997
process in the Houses of Parliament. The
Bill is now ready to be sent to the
Governor for Royal Assent. Royal Assent                  Using the Child Care Act and the Child
is the legal approval that must be given to              Care (Fees) Regulations as examples, we
give effect to the Act.                                  see that section 17(1) of the Act provides
                                                         for a “prescribed licence fee” to be paid.
                                                         The Regulations specify how much that
Timing of commencement of the Act
                                                         fee is. It would be too unwieldy to include
                                                         fees in the primary Act so they are
An Act includes a section that specifies                 specified in Regulations that can be
when the provisions of the Act will take                 amended (usually by the Executive
effect. There are a number of options                    Council, a Minister, or a Statutory
available and consideration must to be                   Authority) without having to amend the Act
given to this during the drafting stage.                 (which must pass through Parliament and
                                                         is a more complex process). In this case,
Provisions of the Act can commence on                    the fees are expressed as “fee units”
the date Royal Assent is given, on a                     rather than dollars. Fee units are
specific date nominated in the Act (the                  determined under the Fee Units Act 1997
date needs to be specified in writing), on a             and under the provisions of that Act, they
date to be specified later, by an Order of               are regularly reviewed and changed as
the Governor-in-Council, or a combination                necessary. This results in fees increasing
of those options. In some cases, the Act                 or decreasing without the relevant Act or
can specify that some provisions be taken                Regulations having to be amended.
to have commenced prior to Royal Assent.
                                                         It is important that when scoping the
See:                                                     development of legislation, consideration               is given to whether any regulations will be
/LawsMade.htm for a useful summary on                    required. Drafting primary legislation may
how laws are made by the Tasmanian                       be quite a straightforward exercise, but the
Parliament.                                              preparation of associated regulations can
                                                         be complex and time consuming,
Associated Rules and Regulations                         particularly for OPC. This is because it
                                                         often requires a lot more detail.
The Act may need to give authority to a
variety of regulations such as by-laws,                  The Office of Parliamentary counsel has
rules, orders and proclamations which will               issued guidelines for the preparation of
activate, expand on, support or give                     such statutory rules. It is available at
more detailed effect to its provisions.        
The power to make such legislation must                  ents/OPCMANUAL.pdf
be prescribed in the principal Act. The
terms Statutory Rule and Subordinate                     The Treasury has issued a handbook
Legislation apply, depending on the                      about the preparation of subordinate
particular idiosyncrasies of the legislation.            legislation. It can be downloaded from
                                                         Treasury‟s website by searching in the
Some examples of such legislation                        Publications link and looking up
include:                                                 “Subordinate Legislation Act 1992 –
                                                         Administrative Handbook”.
     Child Care (Fees) Regulations 2003

Page 7                              Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                        Tasmanian Government Project Management Framework
Legislation Program Committee                          Tips

The Legislation Program Committee (LPC)                      Refer to your agency‟s legislation
is made up of the Leader of Government                       preparation handbook in the early
Business, the Chief Parliamentary                            stages of the process. It provides
Counsel, the Parliamentary Liaison Officer                   comprehensive information and
and representatives from all agencies and                    advice about how legislation is drafted
the Cabinet Office. It meets prior to                        and approved.
Parliamentary sittings to plan the timing of
when legislation will be tabled in the                       Seek advice from staff with
House of Assembly.                                           experience in developing legislation,
                                                             both within your agency and across
                                                             Government. This will improve your
                                                             understanding of the risks likely to be
                                                             encountered in developing the
                                                             required legislation.
                                                             Use the networks in your agency to
                                                             manage the timing for Ministerial
                                                             approvals and introduction of
                                                             legislation into Parliament. It is
                                                             particularly important to develop an
                                                             effective working relationship with the
                                                             Office of the Secretary and your
                                                             agency‟s representative on the
                                                             Legislation Program Committee.
                                                             Be aware of the availability of your
                                                             Minister to approve the final draft of
                                                             the Bill and the Cabinet submission
                                                             for the Bill‟s introduction into
                                                             Talk to the Cabinet Office about the
                                                             timing for submitting the Bill to
                                                             Cabinet for approval.
                                                             Work with the Parliamentary Liaison
                                                             Officer about the timing of the
                                                             introduction of the Bill into Parliament.
                                                             The title of both primary and
                                                             secondary legislation is written in
                                                             italics and does not have any
                                                             commas, eg the Vehicle and Traffic
                                                             Act 1999 and the Public Accounts
                                                             Regulations 1999. When an Act is
                                                             first mentioned, it should be given its
                                                             full title including the year. After that,
                                                             it can be referred to as “the Act” or the
                                                             name of the Act without the year. If
                                                             you do not include the year, the name
                                                             of the Act should not be written in
                                                             italics. The title of a Bill is written in
                                                             regular font and does not have any
                                                             commas, eg, Marine Safety (Misuse
                                                             of Alcohol) Bill 2006.

Page 8                            Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                      Tasmanian Government Project Management Framework
Where to get additional help

The Cabinet Office                                      Glossary
4/15 Murray Street                                       Bill                   Legislation that is being
Ph: 6233 2275                                                                   drafted, or has been                                                  passed by Parliament, but
                                                                                has not yet received Royal
Economic Policy Branch                                                          Assent
Department of Treasury and Finance                       Act                    Legislation that has been
Treasury Buildings                                                              passed by Parliament and
21 Murray Street                                                                has received Royal Assent
Ph: 6233 3100
                                                         Instructing            The departmental officer                            Officer                who provides instructions
                                                                                to the Office of
Parliamentary Liaison Officer                                                   Parliamentary Counsel
Office of the Leader of Government Business                                     about the contents and
Ph: 6233 3425                                                                   provisions of a Bill
                                                         Office of              The Office of - This is the                  Parliamentary          Parliamentary Counsel is
website for the Parliament of Tasmania. It               Counsel                responsible for drafting
has a number of useful resources relating                                       legislation. The Office
to the legislation approval process,                                            provides this service
including a list of Bills that have been                                        primarily for the
tabled in the House of Assembly and the                                         Government of the day,
Legislative Council and their progress                                          but when resources allow,
                                                                                it may also draft legislation
from the date of introduction to the date
                                                                                for non-government
the Bill is passed by both Houses.                                              members of the House of
                                                                                Assembly or the - this is the                                             Legislative Council.
website for all Tasmanian legislation,
                                                         Royal Assent           The legal approval given
including subordinate legislation. It is also                                   by the Governor to an Act.
known as the EnAct website. It provides a                                       Notice of Royal Assent is
consolidated list of all current legislation,                                   published in the
including all amendments that have been                                         Government Gazette.
passed over time. It is continually updated
                                                         Subordinate            The term given collectively
by OPC as Bills are passed by Parliament.
                                                         Legislation            to statutory rules used to
                                                                                implement and administer
Contact Project Services at                                                     the requirements of an                                              Act. It includes
                                                                                regulations, rules, by-laws,
Further information and resources are                                           orders and proclamations.
available from

   This Fact Sheet contains elements of the Tasmanian Government Project Management
              Guidelines developed by the Department of Premier and Cabinet.

The assistance of the Tasmanian Office of Parliamentary Counsel and the Policy Division of
            the Department of Premier and Cabinet is gratefully acknowledged.

Page 9                             Project Management Fact Sheet: Managing Projects with Legislative Implications
                                                       Tasmanian Government Project Management Framework

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