I would like to clarify the protocols for the operation and attendance of Ministers at Ministerial Councils.

Ministerial Councils are important mechanisms for intergovernmental consultation and decision-making. It is essential, therefore, that Ministers be in a position to properly reflect the interests and views of the Government when they meet with their Commonwealth, State and Territory counterparts.

In January 1993 Heads of Government agreed to a set of protocols which provide sensible and practical ground rules for Ministerial Councils while retaining appropriate practical flexibility in their operation. These protocols were revised by COAG on 8 June 2001, and were forwarded to all Ministers as part of Ministerial Memorandum 2001-05. These revised protocols are attached ( 1 and 2) to this Memorandum for your information, together with a current list of Ministerial Councils.

It is essential for Ministers 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.

Ministers should also request clearance from Cabinet for any substantive policy positions they propose to put to a Ministerial Council meeting. The Cabinet Office should also be advised before nominating agenda items or associated papers.

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.

Where Ministerial Councils affect more than one portfolio, it is important that agencies liaise with all relevant agencies and ministerial offices. The lead agency is responsible for ensuring that coordinated advice is prepared.

Upon receipt, copies of Ministerial Council agendas, relevant papers and briefing notes should be forwarded to the Director-General of The Cabinet Office. Results of the Ministerial Council meetings should also be reported to The Cabinet Office at the earliest opportunity.

I would appreciate your full co-operation in ensuring that these measures are implemented successfully.

Bob Carr
Premier

Superseded by M2009-09