Sections Redacted Under Section 42(1) Of The FOI Act On Pages 28 And 29 Of The Department’s Incoming Government Brief Provided To Attorney-General Michelle Rowland.

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The Attorney-General's Department's incoming government brief to Attorney-General Michelle Rowland addresses the constitutional constraints on new policy proposals (NPPs) requiring Cabinet approval. The document explains that the Australian Government Solicitor (AGS) assesses constitutional risk for all spending activities under Budget Process Operational Rules, with proposals rated "high (particularly vulnerable)" unable to proceed to Cabinet consideration. NPPs rated "high" can only advance if there is a strong case for not further mitigating the risk. The brief outlines options for reducing constitutional risk, including retargeting commitments to align with Commonwealth powers, delivering funding through states via Federation Funding Agreements, or seeking state referrals of power—the latter noted as time and resource-intensive. Sections redacted under section 42(1) of the FOI Act appear on pages 28-29, with additional redactions under section 47C(1) noted within the excerpt.