There are many ways in which a Parliamentary Committee inquiry may be commenced. These include:

• where required under legislation;
• by referral of a House of Parliament;
• on the Committee's own motion; and
• on referral by a Minister.

This memorandum applies only to the last manner of commencing a Parliamentary Committee inquiry, namely referral by a Minister.

In order to better co-ordinate and manage the referral by Ministers of matters for inquiry to Parliamentary Committees, the procedure set out in this memorandum will now apply.

Before such a referral is made, it is essential that a proper assessment is made of the need for the referral. This will ensure that duplication of inquiries is minimised, and that it is clear that a Parliamentary Committee is best placed to carry out the relevant inquiry. It will also ensure that all affected portfolios are aware of and prepared to assist any such inquiry.

Ministers are, accordingly, required to obtain Cabinet's approval before referring any matter to a Parliamentary Committee. The relevant Cabinet Minute should seek approval to refer a matter to a Committee for inquiry and should include the reasons why the referral is considered necessary, the name of the Parliamentary Committee to which the proposed referral is to be made, the proposed terms of reference and the estimated timeframe within which the Parliamentary Committee will be asked to report.

Ministers should not discuss the matter with the relevant Parliamentary Committee before Cabinet approval is obtained.

Bob Carr
Premier