Statutory Committees such as the Public Accounts Committee and other Parliamentary Committees initiate a wide range of inquiries which seek input from Government departments and instrumentalities. Requests for input into such inquiries can vary from approaches to the Premier, or the relevant Minister or directly to Departments.

Whilst it is open to Parliamentary Committees to request input directly from departments or agencies, it has been a long-established protocol for Committees to first approach the relevant Minister with requests for submissions or responses. This is because the advocacy of Government policy is a Ministerial responsibility.

However, it is a matter of concern to me that some departments have been acting without reference to their Minister and other affected administrations. I wish to stress that any input to Committee inquiries should be well co-ordinated and that appropriate consultation should occur between all affected administrations before individual agencies or departments respond to requests for formal comments. This is especially important where administrations are requested to address Committee reports which contain recommendations with financial implications.

Accordingly, Ministers should ensure that where they, or their departments are approached to contribute toreferences for Committees or to provide responses to Committee inquiries, they are personally aware and approve of the position being put bytheir departments and agencies. Where the matter is significant, or affects the Governmentas a whole or has cross-portfolio implications, Ministers should advise me by letter of the contents of the proposed submission. Ministers should await my response before advising their departments to proceed.

Please note that procedures for NSW submissions to Commonwealth inquiries are set out in Ministerial Memorandum No. 90-24 and continue to apply. That

is, co-ordination of responses from NSW to these inquiries is the responsibility of The Cabinet Office and all submissions should be forwarded to The Cabinet Office prior to dispatch.

Also, the "Guidelines for Officers who are Witnesses before Parliamentary Committees" promulgated by Neville Wran in Memo 84/41 (84/2026) should continue to be carefully adhered to in cases where oral submissions or evidence are involved. (The Guidelines are attached for your information.)

Implementation of the above procedures will continue to ensure that the policy position contained in responses to parliamentary committee inquiries is, in fact, the Government's position and will obviate any confusion or inconsistency in the position taken by different agencies and ministries.

It would be appreciated if you would draw this matter to the attention of all organisations within your administration.

John Fahey
Premier

GUIDELINES FOR OFFICERS WHO ARE WITNESSES BEFORE PARLIAMENTARY COMMITTEES

A. State Parliamentary Committees

Guidelines for officers of departments or Government instrumentalities who are required to attend as witnesses before State parliamentary committees have been preparedon the basis that the advocacy of Government policies is a Ministerial responsibility. Officers may provide information to assist parliamentary committees.

1. Requests for an officer to attend before a committee or to provide material to it are to be made through the relevant Minister.

2. In the normal course, the committee should be supplied with a written submission on which any subsequent oral evidence should be based. All such submissions should be cleared within the department and with the Minister, if appropriate.

3. A submission should not take policy positions; that is, it:

(a) should not advocate or canvass the merits of Government policies;

(b) may describe Government policies and the administrative arrangements and procedures involved in implementing them;

(c) should not identify considerations which have led to a Government decision unless those considerations have already been
made public or the release of the information is authorised by the Minister;

(d) may, with the concurrence of the Minister, set out policy options and list their advantages and disadvantages. Other matters of fact or background information may be included.

4. The role of an officer appearing as a witness before a committee is to speak to any submission provided and to assist the understanding of the issues involved.

5. Officers selected to provide information sought by a committee should have sufficient responsibility in the particular work area to be able to meet the committee's requirements. If necessary, the Minister should be consulted as to the attitude to be adopted in specific matters.

6. An officer, who, when giving evidence, believes that circumstances have arisen to justify a claim of public interest immunity, should suggest a postponement of the evidence until the Minister can be consulted.

7. Officers should take care in giving evidence that they do not intrude into the responsibilities of other departments or
instrumentalities. Where a question falls within the administration of another department or instrumentality, the officer
concerned should request that it be directed to that department or instrumentality or deferred until the relevant
department or instrumentality has been consulted.

8. If it is anticipated that it will be necessary to tender documents or give evidence which it may be desirable to tender
or give in camera, the matter should be raised beforehand at departmental or Ministerial level to enable an official
attitude to be determined.

9. Officers who are required to give evidence to Parliamentary committees should make themselves aware of the
relevant law and practice of parliamentary privilege. It should be noted that the powers of Select and Standing
Committees derive from the resolutions establishing them, Standing Rules and Orders and legislation, including the
Parliamentary Evidence Act, 1901. In the case of the Public Accounts Committee, reference should also be made to
the provisions of the Public Finance and Audit Act, 1983.

B. Commonwealth Parliamentary Committees

10. When a committee of the Commonwealth Parliament is inquiring into a matter which may affect the State it usually
seeks the co-operation of the State and, in appropriate cases, asks the Premier to nominate officers in the
departments concerned who would be able to act as contact officers.

11. If the committee should request a submission from the State Government, the Premier will seek from the Ministers
concerned advice which may be incorporated in a State submission.

12. In the normal course, if it were considered appropriate, in light of the views of the Ministers concerned, that the
State Government contribute information, the committee would be informed accordingly. The committee would also be
advised that requests for State officers to attend would be favourably considered but it would be preferred that, in the
first instance, information be provided by way of written statements on which oral evidence could be based.

13. The committee would be advised further that the evidence which could be given by State officers would be Limited
to factual information related to their duties and responsibilities and that they should not be expected to canvass or
interpret policy or express opinions on matters of policy.

14. Officers who are nominated to attend and give evidence before Commonwealth committees should follow the
guidelines set out for attendance before State parliamentary committees.