Statement of Intent by OPC
On 18 March 2008 First Parliamentary Counsel set out his Statement of Intent for OPC. This is set out below.
1. Provide a drafting service that is of the highest quality and responsive to Government priorities
- Allocate drafting work in accordance with priorities set by Parliamentary Business Committee of the Cabinet
- Develop, adopt and apply strictly consistent approaches to the presentation (layout and formatting) of legislation and to the formulation of legislative provisions
- Document, promulgate, and regularly revise approaches to the presentation of legislation and formulation of legislative provisions
- Ensure editors apply consistent criteria when checking draft bills and provisions
- Make information about OPC drafting approaches and policies available to clients as appropriate
- Have regular discussions between drafters and clients on the desirability of greater consistency in the drafting of provisions and ways in which consistency can be achieved
- Promote the long-term viability of drafting resources by training lawyers recruited to the office in the history and techniques of legislative drafting and by having assistant drafters work closely in an apprenticeship relationship with senior drafters
- Develop effective recruitment, professional development and retention programs and strategies
2. Ensure that its drafting output is effective and contributes to the accessibility of the statute book
- Ensure draft bills and provisions are legally effective
- Seek client feedback before, during and after the drafting process to clarify government policies and proposals and to ensure that the end product reflects the sponsors’ policy intentions
- Provide draft legislation that represents the proposals of the executive in a form that makes them available for scrutiny, and approval or rejection, by the Parliament
- Use plain language drafting or other techniques so that the laws on the statute book are as accessible to the public as possible without losing precision in meaning
- Promote the development of new approaches to legislative drafting to reflect changes in legal policy and in the expectations of the community, and adopt and implement such approaches where appropriate
- Regularly review the operation of the Commonwealth statute book and amend errors promptly
3. Maintain effective and open communications with the Attorney-General's Department
- Ensure that issues within or impacting on the responsibilities of the Attorney-General’s Department are drawn to the Department’s attention
- Consult with the Department on the development of advice to the Attorney-General on issues of significance, OPC's operation or related policy issues
- Ensure that advice on all issues of significance provided by OPC to the Attorney-General is simultaneously provided to the Secretary of the Attorney-General's Department
- Ensure that legal work arising out of the performance of OPC’s functions that is ‘tied work’ within the meaning of the Legal Services Directions (including legal advice on draft legislation) is performed only by a legal service provider authorised to perform that work
4. Manage its resources efficiently and responsively
- Apply Government priorities flexibly where appropriate and efficient (for example, progress lower category bills while waiting for feedback on first drafts of higher category bills or approval of detailed policy proposals)
- Draft private members’ bills where resources permit
- Conduct legislation process courses for instructors and potential instructors, focussing on policy development and the preparation of instructions, to ensure efficient use of drafting resources and quality of Bills
- Ensure that legislative drafters maintain and improve their drafting skills and knowledge by participating in professional development activities and working in teams in a range of subject areas.
5. Manage its financial affairs in accordance with its legislative requirements as set out in the Parliamentary Counsel Act 1970, the Financial Management and Accountability Act 1997 and the Finance Minister's Orders, and maintain high standards of corporate governance
- Ensure effective financial management
- Maintain an active and responsive internal Audit Committee
- Receive unqualified audits on the end of year financial statements
- Comply with and regularly review the Chief Executive’s Instructions
- Effectively implement and regularly review the fraud control policy and plan and risk management policy and plan
- Provide a comprehensive and timely annual report to the Attorney-General
6. Adhere to and support the Australian Public Service Code of Conduct and Values
- Establish, apply and review formal procedures for determining breaches of the Code, and dealing with whistleblowers’ reports
- Incorporate the Values and Code of Conduct as appropriate into relevant OPC policies and guidelines and make those policies and guidelines available to all staff
- Provide training to staff regarding their rights, responsibilities and obligations under the Code of Conduct and APS Values, and provide for ways in which staff can discuss the application and implementation of the Code and the Values in everyday work
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