Sensitive: SA Cabinet Reference number Instructions on how to use this Cabinet submission template This Cabinet submission template (with guiding text appearing in blue) assists agencies and Ministers to succinctly outline key aspects of proposals for Cabinet consideration and to define the public value of proposals. This is intended to strengthen the quality of proposal development by agencies, focus the decision-making of Cabinet, and improve the capacity of government to implement proposals that deliver public value outcomes. Developed by Harvard Professor Mark Moore, the concept of public value provides a framework to debate competing values and interests through a deliberative democratic process and establish what constitutes value, and to whom, in a particular context. A public value approach to proposal development puts citizens at the centre, and requires agencies and Ministers to engage in creative conversation, co-design, and co-production with a broad range of stakeholders. This supports the Reforming Democracy policy. Applying this approach to proposal development, public value is created by aligning three actions in the strategic triangle or public value scorecard: 1. Public value (defining the public value outcomes that the proposal aims to achieve and for whom) 2. Legitimacy and support (building a coalition of stakeholders whose support is necessary to sustain action and ensuring formal authorising requirements are met), and 3. Operational capabilities (ensuring capacity and mobilising operational resources to implement proposals and achieve desired public value outcomes). Professor Moore stresses that for public sector programs to be successful, all three elements of the scorecard must be present. To find out more about public value concepts, visit the Better Together website. Developing and articulating proposals using this framework will enable Cabinet to make focused decisions about the course of action, based on the degree to which proposals are: Valuable (what constitutes value, and to whom, is clearly articulated and aligns to the strategic priorities of government) Plausible (the link between proposed activity and public value outcomes is clear and logical – if we do these things, we will get the results we want and expect) Authorisable (there is evidence that a coalition of cross-sector stakeholders will provide the authority and support necessary to sustain action), and Doable (operational capacity is seen as sufficient to implement the proposal). You do not need to have a thorough academic understanding of public value concepts to use this template. The template is designed to be a simple, common sense way to outline your proposals. If you have any concerns or questions about the use of the template, please contact Cabinet Office. You can find your portfolio contact at IN.DPC or by emailing [email protected]. Sensitive: SA Cabinet-I#-A# Page 1 of 10 Sensitive: SA Cabinet Reference number FOR CABINET TITLE OF CABINET SUBMISSION SYNOPSIS OF PROPOSAL Describe the proposal briefly and accurately in one page or less. This section should act as a high-level summary of the main aspects of the proposal to allow Cabinet to quickly understand what it is being asked to approve and why. As a rule of thumb, the synopsis, taken together with the recommendations and the public value account, should provide Ministers enough information to support strategic debate in the Cabinet meeting. Cabinet submissions should be a maximum of six pages, excluding the synopsis and attachments. Remember that your audience are not experts in the subject matter and have heavy demands on their time: write in plain English with minimal jargon, focussing on strategic issues and including only what a Minister needs to know to understand the proposal at a high level. Any critical further detail can be provided in an attachment. Evidence, support and process matters are detailed in the remaining sections. Do not delete headings from the template; if a section is not relevant to your proposal, simply acknowledge this and move to the next section. The following statement must be included at the end of the synopsis: Refer to attachment 1 for the public value account, which summarises the expected outcomes of this proposal. Drafts of all Cabinet submissions must be supplied to Cabinet Office for a Cabinet Office comment well in advance of the intended lodgement date. This will allow Cabinet Office to scrutinise the proposal and identify any concerns with the proposal or with the submission itself. Cabinet Office will endeavour to issue Cabinet Office comments within 10 working days. The comment must be attached to the submission when it is lodged. Submissions for comment should be emailed to the DPC:DraftCabSubs mailbox ([email protected]). Sensitive: SA Cabinet-I#-A# Page 2 of 10 Sensitive: SA Cabinet Reference number 1. PUBLIC VALUE In this section, describe in one or two succinct paragraphs the effect of this proposal and why it represents public value, drawing on the public value account at attachment 1. The assessment of public value should be based on the broad effect of complex proposals rather than each individual aspect. 1.1. Data/evidence Succinctly include supporting data, previous experience here or in other jurisdictions in Australia or globally, or pilots/trials/prototypes that show the evidence base for the proposal. Does the community have knowledge and qualitative data about the issue or the potential effectiveness of the proposal that the government does not? If a financial evaluation has been undertaken, a summary of the net present value analysis could be included here. 1.2. Assumptions Outline here any assumptions that the outcomes of this proposal are contingent on. 1.3. Impacts You are required to self-assess if the proposal has any of the following impacts: family, social or community; business; regulatory; environmental; or regional. Where you are unsure of the impacts or need to complete a full impact assessment, contact the lead agencies listed in Cabinet Guide 5 to discuss. If there are no specific impacts, just say so. If a socioeconomic evaluation has been undertaken, a summary of the outcomes of the evaluation should be included here. When considering the impact on individuals or groups, it may be helpful to consider the potential impact from different perspectives. If engagement has already taken place, refer to the outcomes and learnings. The following dot points outline some of these perspectives. Citizens (Would a disinterested citizen see this as important? Would they support the proposal even if they are not directly affected?) Taxpayers (Would taxpayers see this as value for money?) Clients (Does this affect service delivery to clients and what is their view on the change? Does it increase efficiency and ease of doing business with government?) Citizens who are being regulated (Professor Moore calls these ‘obligatees’ – people who are now obliged by government to act in a certain way; for example, obtain a licence, pay a tax or stop smoking in regulated areas. Where government is introducing or changing regulation, what is the view of those who are affected by this obligation? Is the regulation the minimum amount required to achieve the outcome? Are there other ways of achieving the same outcome without regulating? What are the costs of using the government’s authority to implement?) 2. LEGITIMACY AND SUPPORT 2.1. Formal approval What formal approval has this proposal had to date and what is now being sought or required from Cabinet? For example, are there previous Cabinet decisions, decisions at the Commonwealth level, or through other mechanisms such as the relevant board or committee? Sensitive: SA Cabinet-I#-A# Page 3 of 10 Sensitive: SA Cabinet Reference number Does Cabinet have the authority to make this decision? Does it require the exercise of ministerial authority as well as Cabinet? Do other Ministers and affected State Government agencies support the proposal? Ministers and agencies with an interest must have ample opportunity to contribute to the development of the proposal and to resolve any differences before lodgement of the submission. Other than Cabinet approval, what formal authority does this proposal require to be successful? Is there a risk that formal authorisation may not be secured, and how is this risk being mitigated? You need to consider: Does the proposal require legislation or regulatory change? If the proposal is to introduce draft or final legislation, summarise the policy problem and rationale for intervention that was dealt with in the original submission seeking Cabinet approval to proceed. Don’t assume Cabinet will remember the detail, particularly where some time has elapsed since the original proposal was considered. Is it a legal issue that needs advice from the Crown Solicitor’s Office? If you are designing new regulation or reviewing existing regulation, you should consult the Better Regulation Handbook. This will also provide guidance on whether you need to complete a regulatory impact statement. Do you need a Regional Impact Assessment Statement (RIAS)? If the proposal is to implement significant changes to existing, or to introduce new, government services in regional areas, then a RIAS is required to be prepared and published prior to implementation. Consideration needs to be given to both the positive and negative impacts of the proposal. Economic, environmental, equity and social and community factors must be considered. Regions SA should be consulted early in the preparation of a RIAS. For further information, visit Regions SA’s website. Are there implications for inter-governmental relations? Does this need agreement from the Commonwealth or is it driven by policy or legislative changes initiated by the Commonwealth? Is this a procurement? Where a proposal includes government expenditure subject to the State Government’s Industry Participation Policy – which covers procurement expenditure over $4 million (or $1 million in regional South Australia) and grants over $2.5 million – the Office of the Industry Advocate must be consulted early in the decision- making process. This will assist in maximising the economic contribution of the expenditure to the state. Does the proposal comply with other requirements, e.g. State Procurement Board, Parliamentary Public Works Committee, Department of the Premier and Cabinet Circulars or Treasurer’s Instructions? 2.1.1. Is Executive Council approval required? Yes ☐ No ☐ State whether any elements of this submission require the approval of His Excellency the Governor in Executive Council following Cabinet approval. If they don’t, leave this section blank. Discussion under this heading is in addition to the specific recommendations detailing action required of the Governor that must be contained in the recommendations section. Sensitive: SA Cabinet-I#-A# Page 4 of 10 Sensitive: SA Cabinet Reference number 2.2. Stakeholder and client support In this section, provide a short summary of the stakeholder and client engagement, if any, that has already taken place, and the views of those involved. This should include: Details of the audience, including the impact on and/or views of affected or interested groups and individuals, such as key interest groups, industry groups, peak bodies, business, families, regional communities and Aboriginal communities Engagement methods used Details of how feedback was provided, the views of key groups and individuals, and how ideas and opinions submitted in the engagement phase have been used to shape the proposal, and How you will go back to the community to provide it with feedback on what has been decided in the first instance and then, later, what has been delivered. Specific issues of opposition or issues of contention should be known by agencies and detailed here. Focus on advising Cabinet where there is conflict or tension between stakeholder views. You should also advise Cabinet if you have not engaged with a community, or part thereof, that will be affected by the proposal. Future engagement plans should be detailed in section 4 below. 3. OPERATIONAL CAPACITY TO DELIVER THE PROPOSAL 3.1. Operational capability The focus of this section should be on ‘can we do it?’ and ‘where are the resources?’ and ‘how do we mobilise these resources?’ Outline what skills and expertise are required to deliver on the proposal. Are these able to be sourced or developed, either by the agency or by using a third party such as a private or notfor-profit business? What is the risk that appropriate skills will not be available to execute the proposal, and what is being done to mitigate this risk? Outline the impact on operations (for an agency or for whole of government). Will policies and procedures need to be changed or new policies developed or implemented? Does it require new information and communication technology systems? How will the efficiency of operations be assured? What are the operational risks of the proposal? What is the risk that appropriate policies, systems and procedures will not be able to be developed, and what is being done to mitigate this risk? 3.2. Output and outcomes What quantity of outputs is expected and how will this be measured? How will the quality of outputs and outcomes be measured? How will stakeholders participate in the evaluation? How does this map to desired results in the public value account, such as achievement of outcomes, client satisfaction and justice and fairness? State what position/unit is accountable for delivering the outcomes. How will these measures be reported and how often (e.g. internal measurement provided to management, Data.SA, Sensitive: SA Cabinet-I#-A# Page 5 of 10 Sensitive: SA Cabinet Reference number agency statements)? 3.3. Budget impact Does this proposal have a budget impact? Does this proposal have an impact on agency FTEs? Yes ☐ No ☐ Yes ☐ No ☐ Summarise the key financial, staffing, legal, communications and other resource impacts of this proposal, including whether the proposal will have a material ICT component. Refer to Cabinet Guide 5 for more detailed guidance. State the full costs of the proposal, including any savings and, where relevant, how costs will be met from the agency’s budget. Where the proposal is being met within the agency’s existing budget, identify any changes to other programs or initiatives that are required as a consequence. Any impacts on other departments should also be identified. Where additional expenditure authority is being sought, submissions must identify other policy response options that can be used to fully offset that expenditure. Assistance can be sought from Budget, Analysis and Performance Branch, DTF, to identify offsets. Any change in staffing levels and flow-on implications should be discussed, including any impacts on agency FTEs. The cost of any legal resources required to implement the proposal should also be included. Prudence requires that the Crown Solicitor’s Office must be consulted on all major projects and initiatives (for example, where there are sensitivities or significant expenditure). If you are unsure, contact the Crown Solicitor’s Office to confirm. Proposals must comply with Treasurer’s Instruction No 17, including the development of a business case where required, and consultation with Treasury and Finance must take place at an early stage of proposal development. All submissions should be provided to Treasury and Finance at least 10 working days before the submission is due to be lodged so that the basis of the costing can be considered and a cost assessment given. Treasury and Finance will look at the methodology applied in reaching the conclusions about the cost of proposals contained in the submission and will provide a minute, referred to as a costing comment. The costing comment will state whether all reasonable alternatives have been considered and discussed adequately in the submission and whether the proposal needs to be addressed outside of the budget process. The costing comment will also indicate whether or not the submission needs to be referred to the Budget and Performance Cabinet Committee (BPCC) before going to Cabinet. A copy of the signed Treasury and Finance costing comment must be provided with the Cabinet submission when it is lodged. Cabinet Office will not accept submissions for lodgement without one, regardless of whether or not the proposal has a budget impact. Any budget impacts must be summarised in the table below (although more detailed tables may also be used if required). If there is no budget impact, the table itself may be deleted, but the Treasury and Finance statement immediately following it must remain. Net operating balance Net lending balance 2016-17 $0.0m $0.0m 2017-18 $0.0m $0.0m 2018-19 $0.0m $0.0m 2019-20 $0.0m $0.0m The Department of Treasury and Finance agrees with the assessment of costs in this submission; see attached costing comment What are the resourcing risks of this proposal and how will they be mitigated? Sensitive: SA Cabinet-I#-A# Page 6 of 10 Sensitive: SA Cabinet Reference number 4. STRATEGIC COMMUNICATIONS AND ENGAGEMENT PLANNING 4.1. Strategic communications Develop a simple communications narrative for the proposal based on the Public Value proposition in this Cabinet submission. It should be written as a short paragraph that answers these four questions: What is the problem we are trying to solve? Who is affected by this? How are they affected? What is the proposed solution and how will this help? This information will guide communications planning and activity. For major projects, market research is likely to be required to help you identify the responses to these questions in a way that can be communicated to citizens. Communication objectives and key audiences Please outline the proposal’s main objectives and the target audience/s. For new or major projects, a communications plan summary must be lodged with this Cabinet submission and be underpinned by an existing full communications plan. Both the summary plan and the full plan must be approved by the lead agency’s most senior communications executive. Consultation with the Department of the Premier and Cabinet’s central communications team is required. In this situation, the following line must be included in the submission: Please find a communications plan summary attached to this submission. All communications activity proposed should align with at least one of the themes of the South Australian Government Communications Plan, which coordinates government communications and marketing in relation to the following five themes: Transforming our economy Building safer, healthier communities Creating a fair and just society Reforming government, and Standing up for South Australia in the Federation. If it is determined that a formal communications plan isn’t required, please provide justification. 4.2. Strategic engagement Strategic engagement means understanding how we can work openly with others inside and outside government to support achievement of the proposal. Methods can include open decision-making (e.g. citizen juries), open innovation (e.g. challenges) and co-design. For further information about community engagement, refer to the Reforming Democracy policy and the Better Together website. The South Australian Government is committed to supporting a culture of effective stakeholder Sensitive: SA Cabinet-I#-A# Page 7 of 10 Sensitive: SA Cabinet Reference number and community engagement to enhance decision-making processes, create and deliver public value, and enhance our democracy. This enables government to make better decisions by bringing the voices of citizens and stakeholders into government decision making. For projects that significantly affect the community, an engagement strategy must be provided with the express intention of determining public value. For all major engagement strategies (those involving large groups of people or for issues with high public profile), advice should be sought from the Department of the Premier and Cabinet’s central strategic engagement team, in the preparation of the strategy. The Reforming Democracy policy requires all significant engagements to be coordinated through the YourSAy website. It may also be that further detailed engagement is planned for a future date. If this is the case, a commitment to engage and details of the appropriate stakeholders and timelines should be incorporated into the submission. Be clear about the scope and flexibility built into the proposal to change aspects dependent on feedback. It is strongly recommended that agencies make use of the community engagement planning tools available on the Better Together website. You should advise Cabinet of any risks that some sections of the community will not support the proposal, and how that risk can be mitigated. Any future engagement strategy should be linked to the communications plan above. RECOMMENDATIONS I recommend that Cabinet: 1. Set out your recommended decisions here. 1.1. The recommendations must set out the course of action to be followed in full, including all relevant dates for specific action, without the need to refer to any other document or section of the submission. 1.2. The recommendations are the only part of the submission that Cabinet specifically approves. No other matters contained within the body of the submission can be taken to have Cabinet approval. 2. The usual form of wording for recommendations is to ‘approve’ or ‘note’. Less commonly, submissions may ‘invite’ (a minister to undertake certain action), ‘direct’ (an agency or official to undertake a certain action), ‘defer’ (a decision) or ‘decline’ (a proposal). 3. Recommendations that ask Ministers to note something should be used only occasionally. Acceptable instances include: when progress towards a particular aim or policy development is being reported; where guidance is being sought from Cabinet concerning a particular policy; and when it is necessary in a large submission in order to make other recommendations comprehensible. I declare that I have no actual or potential conflict of interest in relation to the proposals contained in this submission. [or] I declare the interests set out in Appendix X in relation to this submission. Minister PORTFOLIO Sensitive: SA Cabinet-I#-A# Page 8 of 10 Sensitive: SA Cabinet / Reference number / 2016 Contact officer: A person who can quickly and authoritatively answer detailed questions about the Cabinet submission (usually the author) Telephone number: Provide full office or mobile number Attachments Attachment 1: Public value account Attachment 2: DTF costing comment Attachment 3: Cabinet Office comment Any other relevant documents Sensitive: SA Cabinet-I#-A# Page 9 of 10 Sensitive: SA Cabinet Reference number Attachment 1: Public value account This table– the Public Value Account – summarises the public value of the proposal. This is intended to be an ‘at a glance’ summary of the public value and costs associated with the proposal. Note that you do not need to fill out every aspect of the public value account – only those that are relevant. The account does not need to be completed for appointment Cabinet submissions and can be deleted. Achievement of economic, environmental or social outcomes Use of public resources and associated costs Financial costs Intended outcome Budget Staffing Use of infrastructure Outline the key value outcomes expected from the proposal, i.e. why you are proposing it. Make these measureable outcomes where possible. Some example are below. Other resources Opportunity costs associated with not doing something or foregoing one option for another Industry support of $xM to key eligible businesses, generating xx jobs in northern Adelaide Banning smoking in outside eating areas will reduce smoking related deaths by xx per annum. Unintended negative consequences Unintended positive consequences Identify any associated negative consequences that could eventuate from this proposal and note mitigation strategies. An example could be: Identify any additional positive consequences even if they aren’t the main intended outcome. This could include, for example: Industry support could mask unviable business models. May increase the profits of establishments with outside dining areas as non-smokers may be more likely to patronise these businesses. Client satisfaction Will this proposal improve the client experience, where government is providing a service to the public? How do you know this? Have you considered whether new or existing initiatives really align with the authorising environment, i.e. are they what the public wants/needs? Where the proposal will oblige someone to act a certain way, identify the range of likely public viewpoints. Social costs and impacts of regulation Justice and fairness When government regulates activity, there is a potential cost to or impact on a specific region, community, business or environment. Outline that here. Also consider whether the government should have a role in this area, and the social cost of using the government’s authority to implement a proposal – for example, you may need to consider use of authority in the context of use of force in policing or mental health, removing children from families, compulsory acquisition, etc. Does the proposal increase or decrease justice and fairness? How do you know? What does the community think? For example, the smoking proposal above increases justice and fairness at the individual level because it reduces the effect of smoking on innocent non-smokers – although smokers may argue it is unjust and unfair to them. It also could be argued that the community will benefit through a reduction in health costs, unfairly borne by all taxpayers on behalf of smokers. Sensitive: SA Cabinet-I#-A# At individual level At community level Page 10 of 10
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