Advice on the development of a section 107 direction should include information on:
- The issue (problem/opportunity) to be addressed by the direction.
- Why the objective is best achieved by this kind of direction rather than an alternative mechanism, and what alternatives have been considered.
- The group/category/type of Crown entities the direction is to be applied to, and why entities have been included or excluded, as applicable.
- The costs and benefits (or advantages and disadvantages) of the proposed direction, and how costs will be funded.
- The result of any preliminary consultation, including the nature of any legal advice received on the proposed direction.
- How formal consultation will be managed and by whom. Consultation needs to be open-minded and carried out at an appropriate level.
- The process for managing any disputes, e.g. if a Crown entity objects during consultation to being included in a direction.
- Whether there are any implementation concerns, and how these would be managed.
- Whether a time limit on the direction is appropriate.
- How monitoring of compliance with the direction will occur, and how achievement of the intended benefits will be assessed.