Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1993-02
Status:
Archived

M1993-02 Protocols for Operation of Ministerial Councils and Review of All Councils by Heads of Government

Description

Superseded by M2013-07.

Detailed Outline

At the recent meeting of the Council of Australian Governments in Perth, Heads of Government endorsed a set of protocols for the operation of all Ministerial Councils. They also agreed to commission a review by Senior Officials of all Ministerial Councils focusing on ways to improve their operation.I am writing to advise you more specifically of the terms of the decisions taken and to request your full support and co-operation, both in implementing the protocols and in relation to the Senior Officials' review.
 
Protocols for Ministerial Councils
Concerns have been expressed by all States and Territories about the growing number of Ministerial Councils, the apparent overlap and duplication in their coverage and blurred lines of accountability to governments. In addition, difficulties have arisen because of late distribution of papers, inadequate opportunity being provided for the full impacts of proposals to be assessed, and inadequate consideration of cross-portfolio implications.Ministerial Councils have become important mechanisms for intergovernmental consultation and decision-making. It is essential, therefore, that Ministers be in a position to reflect properly the interests and views of their governments when they meet with their Commonwealth, State and Territory counterparts. With this in mind, Heads of Government endorsed a set of broad protocols for the operation of Ministerial Councils to guide the efficient management of intergovernmental fora.
 
Attached to this Memorandum is a copy of the protocols that have been endorsed. As indicated in the Council Communique:'The protocols provide sensible and practical ground rules for Ministerial Councils while retaining appropriate practical flexibility in their operation. They cover such issues as the representation of constituent Governments at, and involvement of other parties in, Ministerial Council meetings; the development of the agenda for, and announcement of resolutions of, meetings; arrangements for liaison among Ministerial Councils and between Ministerial Councils and Heads of Government; and the efficiency of the operations of Councils.
 
'Your personal involvement is sought in ensuring that the Ministerial Councils in which you participate adopt and implement the protocols.I would take this opportunity to reaffirm the existing requirements for Ministers to advise me of relevant issues on Ministerial Council agendas and, where appropriate, to seek and obtain Cabinet endorsement of policy positions they propose to present and agreements binding on the Government they propose to enter at Ministerial Council meetings. My predecessor issued a number of memoranda on this issue (88-9 dated 28 March 1988 and 89-13 dated 29 March 1989). A further two memoranda were issued by the Director-General of The Cabinet Office (90-59 dated 28 November 1990 and 92-3 dated 12 February 1992). Where delays are experienced in obtaining agenda and meeting papers, there should be early discussion with The Cabinet Office and Ministers, or their officers, on matters that are likely to be listed.
 
Review of Ministerial Councils
As mentioned previously, there is a shared concern about the number of Ministerial Councils, the real need for them to continue and the cost effectiveness of their operations. Although the protocols endorsed by Heads of Government will help make some Ministerial Councils more effective, Heads of Government agreed that a broad review of the scope, distribution and number of existing Ministerial Councils should occur. The terms of reference for the review were set out in the Communique (copy of relevant extract attached). The review will be conducted by a Commonwealth-State Committee of Senior Officials drawn from central agencies who have been directed to consider the views of individual Ministerial Councils.
 
It will cover all Councils and their related Standing Committees, working parties, secretariats, etc. The protocols for Ministerial Councils and the review are important parts of the micro-economic reform agenda supported by all governments. At a time when major structural reform is occurring in the private sector, Heads of Government have agreed that key aspects of how governments relate also need reform. The clear intention is not to constrain Ministers needlessly. I would point out, however, that Heads of Government did agree that future Ministerial Council meetings should occur, in most cases, in Australian capital cities or Alice Springs. Your assistance in ensuring that this decision is adhered to would be appreciated by me.The recommendations from the review that will go to Heads of Government in 1993 will focus on appropriateness and effectiveness issues. They will also address the heavy burden imposed, particularly on the smaller jurisdictions, by participation in such a large number of bodies.You should note that there is a clear expectation that the number of Councils will, if possible, be halved and, until the recommendations of the review have been considered, no further Ministerial Councils will be created, except with the agreement of all Heads of Government.The contact officer for review will be Ms. Anne Conway, Director, The Cabinet Office (tel: 228.4784).Both the protocols and the review are important initiatives of the newly created Council of the Australian Governments. I would appreciate your ensuring that both are successful. Your personal support in this regard is requested.
 
Yours sincerely,
Premier
 
PROTOCOLS FOR OPERATION OF MINISTERIAL COUNCILS AND REVIEW OF ALL COUNCILS BY HEADS OF GOVERNMENT
ATTACHMENT TO MINISTERIAL MEMORANDUM ISSUED 14/1/93
Please find enclosed, attachment to the Ministerial Memorandum on Protocols for Operation of Ministerial Councils and Review of all Councils by Heads of Government which was issued earlier today.
Anne Conway
Acting Director-General
The Cabinet Office
Contact Officer: Mr David Chivell
Phone: 228 4324
Branch: Intergovernmental Relations Unit
Date: 14 January 1993
 
BROAD PROTOCOLS FOR THE OPERATION OF MINISTERIAL COUNCILS
Representation of Constituent Governments
It is the responsibility of Ministers to ensure they are in a position to appropriately represent their governments at council meetings. This is of particular importance where council resolutions require commitment, especially financial commitment, from respective governments.Issues with cross-portfolio or whole-of-government implications or of a highly controversial nature, in particular, may require careful prior consideration by governments at Cabinet level.Where new issues or alternative proposals arise at meetings on which a Minister believes further consideration by Cabinet is required, it is the responsibility of that Minister to make this position clear to the Council. Ministerial Councils exercising formal decision making responsibilities should submit a report on decisions taken on an annual basis to the Council of Australian Governments.
 
Development of Agenda
Council arrangements should include processes for ensuring that all parties have input to the development of agendas and that agendas are agreed at the earliest possible date prior to meetings, with provision for discussion of additional items at meetings only by agreement of its members.
 
Provision of Agenda Papers
Council arrangements should include processes for ensuring that agenda papers are circulated sufficiently in advance to allow appropriate prior consideration by the constituent governments, particularly where there are budgetary implications. As a general guide, this would normally require formal papers to be circulated in final form 10 days prior to the Ministerial Council meeting and, where earlier drafts are available for discussion, these normally be circulated three weeks before the meeting.
 
Arrangements for Officials' Meetings
Officials meetings held to develop issues for the consideration of Ministers should be held sufficiently prior to the meeting of Ministers to allow proper consideration of the issues involved.
 
Announcement of Resolutions
Arrangements for making announcements of resolutions reached by Ministerial Councils should be agreed by all members of a council. When matters require further consideration, any Ministerial Council announcements should not preempt this further consideration.
 
Liaison between Councils
When considering intergovernmental matters which have implications beyond the areas of responsibility of Ministers on a council, Ministerial Councils should ensure that other relevant councils are kept informed, through liaison between the Chairs in the first instance, to ensure that relevant factors are taken into account. Ministerial Councils should also refer such issues to Heads of Government where they had major cross-portfolio or whole-of-government implications.
 
Involvement of ALGA
Except for matters where membership is explicitly set out by statute or agreement, it is up to individual Ministerial Councils to decide whether the ALGA should be members or attend proceedings.
 
Involvement of Other Countries
Except for matters where membership is explicitly set out by statute or agreement, it is up to individual Ministerial Councils to decide whether other countries or any other parties should be members or attend proceedings.
 
Efficiency of Council Operations
Ministerial Councils should ensure the efficiency of their administrative arrangements and exercise due economy. They should regularly review their meeting arrangements and the number of meetings held having regard to the costs involved and the benefits to be gained.In this respect, arrangements for the operation of individual councils should also take account of involvement of its members in other Ministerial Councils including the possibility of joint or back-to-back meetings, where appropriate.
 
Consultation with Interest Groups
In any consultations with relevant interest groups, Ministerial Councils should ensure that consideration of major policy initiatives by their constituent governments is not pre-empted or precluded. The status of any documents released to those groups or the general public should also be made clear.Where a matter under consideration has major implicationsfor more than one council, relevant councils should establish mechanisms for joint consultations.
 
Information About Councils
Each Ministerial Council should make available in a convenient form information on its:- title and membership;- role and responsibilities, including any pursuant to statute or agreement;- administrative arrangements; and- contact officer and address. 
 
Extract from COAG Communique
Perth 7 December 1992
SCOPE, DISTRIBUTION AND NUMBER OF MINISTERIAL COUNCILS
The Council noted that concerns have been expressed about the growing number of Ministerial Councils, the apparent overlap and duplication in their coverage and blurred lines of accountability to Governments. While some of these matters will be addressed in part by the proposed protocols for Ministerial Councils, the protocols do not directly address a consideration which is central to the cost effective operation of Ministerial Councils generally; that is their number, scope and distribution across functional areas of Government activity. The Council of Australian Governments therefore agreed to commission a review of the scope, distribution and number of Ministerial Councils currently in place.
 
The terms of reference of the review would be to:
(a) examine the efficiency and effectiveness of operation of Ministerial Councils and their supporting standing committees of officials, including the venues for, and number of, meetings;
(b) identify areas in which overlap exists between the functional responsibilities of Ministerial Councils;
(c) examine the scope for amalgamation of Ministerial Councils in related functional areas, including Councils with specific statutory responsibilities or roles under a formal intergovernment agreement; with a view to reflecting as far as practicable the Commonwealth administrative structures and thereby, if possible, halving the number of Councils;
(d) identify any particular Ministerial Councils which have outlived the rationale for their initial establishment; and
(e) make recommendations to the Council in 1993 concerning measures that could be taken to reduce the number of Ministerial Councils in the light of conclusions arising from (a) to (d) above, improve their efficiency generally, and any other relevant matter.
 
It is proposed that the working group of officials conducting the review comprise a nominee of each jurisdiction and that the views of individual Ministerial Councils be considered.Until the recommendations of the review have been considered by the Council, it is proposed that no further Ministerial Councils be created, except with the agreement of all Heads of Government.

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jan 14, 1993
Review Date
Jan 14, 2003
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Premier