At the Council of Australian Governments (COAG) meeting in Melbourne on 8-9 June 1993, Heads of Government reached final agreement on the review of the scope, distribution and number of Ministerial Councils which they initiated at their previous meeting in Perth on 7 December 1992. This review was foreshadowed in my earlier Memorandum No. 93-2 of 14 January 1993 with which I circulated the set of broad protocols for the operation of Ministerial Councils endorsed by Heads of Government at their December 1992 meeting.

I am writing to advise you more specifically of the terms of the decisions taken by Heads of Government and to request your full support in implementing them.

Heads of Government have acted decisively to apply discipline and streamlining to governmental activities by reducing the number of Ministerial Councils by more than half from 45 to 21. Details were provided in an attachment to the COAG Communique (copy attached).

The reduction in the number of Ministerial Councils is to be achieved by combining a number of existing Councils. In determining how this would be achieved, consideration was given to existing portfolio arrangements across jurisdictions, common membership, existing back-to-back meeting arrangements and overlap of responsibilities.

This rationalisation is to be carried out, and support structures for Ministerial Councils appropriately reviewed, by January 1994. All Ministerial Councils should ensure that theircommittees and working parties are reduced in number to those whichare essential and that those retained are clearly focused, given a fixed time to achieve their objectives and their terms of reference include a sunset clause,particularly when Councils are combined or broadened in scope.

The decision to halve the number of existing Ministerial Councils will result in enhanced policy outcomes by ensuring that related areas are considered together. It will also reduce the costs associated with providing administrative support for these Councils as well as reducing travel and accommodation costs for Ministers and officers attending those meetings.

Heads of Government have also agreed to a range of efficiency and effectiveness measures in relation to the operation of Ministerial Councils. Working Party recommendations on these measures which were endorsed by Heads of Government are attached. These measures relate specifically to the powers, scope, organisation, formation, chairing, meeting arrangements, agenda

prioritising and confidentiality of Ministerial Councils. Heads of Government have also reaffirmed their earlier decision that meetings of Ministerial Councils should take place only in the capital cities of Australia or in Alice Springs.

I should stress that these decisions in no way overtake the earlier decision of Heads of Government to introduce protocols for the operation of Ministerial Councils. Those protocols should now have been implemented and should continue to be followed in the future.

It is essential that Ministers should continue to observe the requirement to seek Cabinet clearance in relation to any substantive change to, or announcement of, policy which might be agreed upon by a Ministerial Council. Ministers should decline to consider matters unless adequate notice of them has been given beforehand, specifically, draft papers should be circulated at least three weeks before meetings and final papers at least ten days before meetings. Upon receipt, copies of Ministerial Council agendas and relevant papers should be forwarded to The Cabinet Office together with your request for clearance in relation to any substantive policy positions you propose to put at the Ministerial Council meeting. Results of Ministerial Council meetings should be reported to The Cabinet Office at the earliest opportunity.

Where Ministerial Councils have been combined, it would be appropriate for the Ministers involved to consult one another concerning items on the agenda, in order to determine whether it is necessary for more than one Minister to attend or whether one Minister could represent the State for all issues under consideration.

Heads of Government have reaffirmed that Ministerial Councils play a vital role in intergovernmental relations and noted that when Ministers have the authority of their respective Governments, then Councils determine matters to finality in their area of concern quickly and efficiently.

The decisions of Heads of Government to rationalise the number of Ministerial Councils and to introduce efficiency and effectiveness measures for improving their operation have my strong personal support. They represent a substantial change in the modus operandi of both Ministerial Councils and Ministerial participation at such Councils. I would appreciate your full co-operation in ensuring that these initiatives are implemented successfully. Your personal support in this regard is requested again.

Yours sincerely

John Fahey MP
Premier

EXTRACT FROM COUNCIL OF AUSTRALIAN GOVERNMENTS
COMMUNIQUE, 8-9 JUNE 1993

REVIEW OF MINISTERIAL COUNCILS

Heads of Government have acted decisively to apply discipline and streamlining to governmental activities by halving the number of Ministerial Councils. Heads of Government have also agreed to a range of efficiency and effectiveness measures in relation to the operations of those Councils that remain.

The Council of Australian Governments has taken the decision to halve the existing 45 Ministerial Councils to 21 following a review of the scope, distribution and number of Councils. Details are provided at Attachment B.

The reduction is to be carried out and support structures appropriately reviewed by January 1994.

The decision will reduce costs associated with providing administrative support for such Councils and costs associated with Ministerial and officer travel and accommodation at meetings.

This rationalisation will also improve the quality of policy development emanating from these Councils. Bringing together interrelated functions and activities in this way will result in more integrated policy development and will enable Ministerial Councils to take a strategic view of the issues beyond the interests of a particular group.

The reduction in the number of Councils is to be achieved by the combination of a number of existing Councils after consideration of portfolio arrangements across jurisdictions, common membership, existing back-to-back meeting arrangements and overlap of responsibilities.

Although in many instances existing Councils will be combined, this will not mean that constituent Councils will necessarily lose their identity entirely. In several cases, legislation requires that some combining Councils retain a separate identity.

The Council further endorsed recommendations to improve the efficient operation of Ministerial Councils specifically relating to the powers, scope, organisation, formation, chairing, meeting arrangements, agenda prioritising and confidentiality of Ministerial Councils. In this regard the

Council agreed that meetings of Ministerial Councils would only take place in the capital cities of Australia and Alice Springs.

Heads of Government reaffirmed that Ministerial Councils play a vital role in the facilitation of consultation and cooperation between Governments, and noted that when Ministers have the authority of their respective Governments, then Councils determine matters to finality in their area of concern quickly and efficiently.

ATTACHMENT B

RATIONALISATION OF MINISTERIAL COUNCILS

Following a review of the scope, distribution and number of Ministerial Councils, the Council of Australian Governments has agreed to reduce the existing 45 Councils to 21 Councils as follows:

1. Agriculture and Resources Management Council of Australia and New Zealand (including the Agricultural Council of Australia and New Zealand, the Australian Soil Conservation Council and the Australian Water Resources Council and the Rural Adjustment Scheme Ministers' Meeting).

2. Ministerial Council on the Administration of Justice (including the Australasian Police Ministers' Council, Corrective Services Ministers' Conference and Intergovernmental Committee on the National Crime Authority).

3. Australian Aboriginal Affairs Council.

4. Australian and New Zealand Environment and Conservation Council.

5. Australian and New Zealand Minerals and Energy Council.

6. Australian Transport Council (including the Australian Transport Advisory Council and the Ministerial Council on Road Transport).

7. Commonwealth/State Ministers' Conference on the Statusof Women.

8. Conference of Commonwealth and State Labour Ministers.

9. Conference of Ministers for Immigration and Ethnic Affairs.

10. Cultural Ministers' Council.

11. Employment, Education and Training Ministerial Council (including the Australian Education Council, the Ministerial Council on Vocational Education, Employment and Training and the Youth Ministers' Council).

12. Health and Community Services Ministerial Council (including the Australian Health Ministers' Conference, the

Council of Social Welfare Ministers and the National Food Standards Council).

13. Industry, Technology and Regional Development Council (including the Australian Industry and Technology Council, the Meeting of Commonwealth, State, Territory and New Zealand Ministers responsible for Small Business).

14. Ministerial Council on Drug Strategy.

15. Ministerial Council on the Australian National Training Authority.

16. Ministerial Council on Forestry, Fisheries and Aquaculture (including the Australian Forestry Council and the Australian and New Zealand Fisheries and Aquaculture Council).

17. Planning, Housing and Local Government Ministerial Council (including the Planning Ministers' Conference, the Housing Ministers' Conference, the Local Government Ministers' Conference, the Construction Industry Ministerial Council and the Heritage Ministers' Meeting).

18. Ministerial Council of Attorneys-General (including the Standing Committee of Censorship Ministers, the Ministerial Council for Corporations and the Ministerial Council on Financial Institutions).

19. Ministerial Council on Consumer Affairs (including the Ministerial Council on Trade Measurement).

20. Sport and Recreation Ministers' Council (including the Racing and Gaming Ministers' Conferences).

21. Tourism Ministers' Council.

The Ministerial Council for Common Services Provision will no longer function.

The above reduction in the number of Ministerial Councils is to be carried out, and support structures appropriately reviewed, by January 1994.

EXTRACT FROM OFFICIALS' REPORT

1.3 General Recommendations on Improving the Efficiency and Effectiveness of Ministerial Councils

The Working Party recommends that:

1.3.1 COAG affirms that the role of Ministerial Councils is to facilitate consultation and co-operation between Governments, to develop policy jointly, and to take joint action in the resolution of issues which arise between Governments in the Australian Federation.

1.3.2 COAG notes that Ministers carry the authority of their Governments, and those Ministers convened as a Ministerial Council may determine to finality all matters in their field of concern.

The Working Party recommends that COAG endorses the following principles for the efficient and effective operation of Ministerial Councils:

1.4.1 Membership of Local Government and New Zealand (and/or other regional Governments) should not intrude on the central functions of the development and co-ordination of policy, problem solving and joint action by jurisdictions within the Federation. However, such membership may often be desirable to facilitate consultation and national policy development.

1.4.2 Each Ministerial Council is encouraged to review regularly its objectives and performance, and to evaluate the implementation of its decisions. This would be assisted by procedures for tracking the implementation of decisions made and agreements struck between the Ministers.

1.4.3 Each Ministerial Council should clarify its field of coverage and the powers it exercises, consistent with the brief that Ministers hold from their Governments.

1.4.4 The locations of Ministerial Council meetings be restricted to the capital cities of Australia and to Alice Springs.

1.4.5 All Ministerial Councils should review the structures of their committees and working parties to ensure that they are reduced in number to those which are essential, that those retained are clearly focused, given a fixed time to achieve their objectives and that their terms of reference include a sunset clause, particularly when councils are combined or broadened in scope.

1.4.6 Ministerial Councils should meet when needed. This would normally be annually. In all cases, when Ministerial Council meetings are scheduled, Ministers should check the agendas to ensure that a face-to-face meeting is necessary. Ministerial Councils should make full use of the technology available to increase the efficiency of their operations, including to reduce the need for face-to-face meetings.

1.4.7 Councils should change the process for selecting agenda items to an emphasis on items of strategic national significance. Items of a procedural and technical nature should be delegated as far as possible to Standing Committees of officials to determine, or be dealt with by correspondence.

1.4.8 COAG should arrange for a list of Ministerial Councils to be published and regularly updated, including for each Ministerial Council, details of its field of policy cover, roles and functions, operational objectives, membership, standing committees of officials, committees and working parties, secretariat arrangements and contact points. This publication should also include the Protocols for the Operation of Ministerial Councils. Individual jurisdictions should ensure that this publication receives wide circulation among their agencies.

1.4.9 A Ministerial Council should only be formed with the endorsement of the constituent Governments. To achieve consistency of nomenclature, it is desirable that, as far as possible, continuing, multilateral meetings of Ministers from the various jurisdictions of the Australian Federation should be called Ministerial Councils. Groups of senior officials which support Ministerial Councils should be called Standing Committees.

1.4.10 In cases wherethe field of policy covered by a Ministerial Council covers more than one portfolio in any particular jurisdiction, it is a matter for each jurisdiction to determine a Minister or Ministers to attend and to arrange appropriate liaison.

1.4.11 Each Council may wish to review the arrangements for chairing with a view to considering the option of rotating the chair. Ministerial Councils may wish to examine their secretariat services along with chairing arrangements, in the light of options available, to ensure they have the arrangement which is the most effective for that council.

1.4.12 All councils should formalise their procedures so that they are consistent with the Protocols for the Operation of Ministerial Councils.

1.4.13 Subject to the applicability of the relevant Commonwealth, State or Territory Freedom of Information legislation, unless all members of Council agree, any discussion by, or document of the Council, or any committee, sub-committee, working party officer or agent of the Council shall be confidential.