Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M2013-07
Status:
Archived

M2013-07 Protocols for NSW Participation in COAG Ministerial Councils

Description

The purpose of this Memorandum is to clarify for NSW Ministers and agencies the protocols for NSW participation in, and engagement with, the Council of Australian Governments (COAG) Ministerial Council system.

Detailed Outline

The purpose of this Memorandum is to clarify for NSW Ministers and agencies the protocols for NSW participation in, and engagement with, the Council of Australian Governments (COAG) Ministerial Council system.

COAG is the peak intergovernmental forum in Australia. Its role is to initiate, develop and monitor the implementation of policy reforms of national significance which require co-operative action by Australian governments.

COAG Councils manage and oversee a range of these reforms. There are three types of Councils in the COAG system:

  • Standing Councils that are ongoing and address enduring issues of national significance;
  • Select Councils that are reform-focused and time-limited; and
  • Legislative and Governance Fora that oversee responsibilities set out in legislation, intergovernmental agreements (IGAs) and treaties outside the scope of Standing Councils.

Councils are important mechanisms for intergovernmental consultation and decision-making.

Matters to be brought to Cabinet

It is essential that Ministers attending Council meetings or providing a response on Council matters are in a position to properly reflect the interests and views of the NSW Government. Ministers should decline to consider matters at Ministerial Council meetings unless adequate notice of them has been given beforehand.

A Cabinet Minute must be submitted for consideration by Cabinet prior to each Ministerial Council meeting. The Cabinet Minute must set out the proposed NSW position on all items to be considered by the Ministerial Council, including any substantive policy positions that Ministers propose to put to the Council meeting.

The following processes should be followed to ensure that the Premier is fully informed of upcoming Ministerial Council matters and, subsequently, of the outcomes of Council meetings:

  • The dates of Council meetings should be provided to the Executive Director, National Reform and Intergovernmental Strategy Branch, DPC at the earliest opportunity via email: [email protected].
  • Upon receipt, copies of Ministerial Council agendas, relevant papers and briefing notes should be forwarded to the Department of Premier and Cabinet.
  • Results of the Council meetings should be reported to the Department of Premier and Cabinet at the earliest opportunity.

Ministerial Councils may also conduct business out-of-session. The following out-of-session matters should come before Cabinet, unless the Premier specially approves otherwise:

  • Intergovernmental agreements and Memoranda of Understanding (MoU) to which NSW might become a signatory;
  • Significant policy or funding decisions to be made by the Ministerial Council that have implications for NSW;
  • Matters that are considered controversial or contentious; and
  • Matters that affect other portfolios.

Cross portfolio consultation

A coordinated NSW position should be developed in consultation with all relevant agencies prior to a Minister or Ministers taking part in Council determinations. Councils deal with a range of matters that may involve more than one portfolio. Council Ministers and relevant agencies are required to liaise, as necessary, with other relevant Ministers and portfolios to ensure a coordinated NSW approach to policy development and response to matters considered by the Council.

A coordinating NSW Minister has been nominated for Councils that have multiple NSW representation. The coordinating Minister ensures a single NSW point of contact relating to Council business. However, it is not the function of a coordinating Minister to represent NSW on all matters before the Council or take a lead role on matters not within their portfolio. Ministers, as joint members of a Council, should consult one another concerning items on the agenda, or items that are to be proposed for the agenda, and clearly identify the relevant lead agency for each matter before the Council.

For any Council matters that may affect more than one portfolio, the lead agency is responsible for ensuring that coordinated advice is prepared.

Attendance at Council and Fora meetings

Where more than one Minister is a member of a Council, the Ministers involved should 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 NSW for all issues under consideration.

In circumstances where it is required that more than one Minister attend, the Ministers involved should consult one another concerning items on the agenda to determine which Minister will speak or vote on each relevant item on behalf of NSW.

If a Minister, as a member of a Council, is unable to attend a meeting, they may nominate a delegate to attend on their behalf. Where possible the delegate should be another Minister supported by the Director General of the relevant departmental cluster with primary policy responsibility for the matters that are subject to Council consideration.

Funding arrangements

COAG has not set guidelines for Councils regarding funding of their operational arrangements. It is up to Councils to determine relevant secretariat arrangements and staffing matters. In circumstances where more than one Minister or agency is affiliated with a Council, funding for Council operations, including any secretariat funding, should be apportioned between participating agencies as agreed by member NSW Ministers.

Portfolios outside the COAG Council System

Any Minister may put forward a suggestion for COAG work to the Premier, who may in turn then propose the matter for COAG consideration.

It is not intended that Ministers who are not members of a Council should meet with their counterparts in other jurisdictions on an ongoing basis. COAG has agreed that Ministers in these portfolio areas may meet informally from time to time to discuss specific matters.  However, such meetings would not be within the COAG system. In addition, relevant officials in these portfolio areas may meet to progress work of an interjurisdictional nature.

The Handbook for COAG Councils

The Handbook has been developed to provide best-practice advice to COAG Councils and their secretariats. It provides information about the structure of the COAG Council system and general operating procedures for Councils. It also provides best-practice guidance to secretariats on supporting their Councils strategically and administratively. A COAG Best Practice Regulation Guide has also been developed to be read in conjunction with the Handbook.

The Handbook and Regulation guide can both be accessed via the COAG website at http://www.coag.gov.au/coag_councils

Current Councils

A list of the current COAG Councils is available at http://www.coag.gov.au/node/41

Further information on the COAG Council system is available via the COAG website at http://www.coag.gov.au/coag_councils

Barry O’Farrell MP
Premier

Overview

Compliance

Not Mandatory

Contacts

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