A two-stage process applies to Cabinet Submissions (except Bill Submissions) to be considered by Cabinet. It also applies to substantive Submissions to Cabinet Committees.

Application of the two-stage process for Submissions that progress from a Cabinet Committee to Cabinet will need to take account of the extent of consultation already undertaken. The Cabinet Secretary on behalf of the Premier will advise on the appropriate process when required.

Proposals

Ministers must write to the Premier to seek approval to develop proposals for Cabinet consideration. In June and December each year, the Premier will invite proposals from Ministers for the coming 6-12 months.

Cabinet Submissions

After approval from the Premier, the Minister will instruct the relevant department or agency to prepare the Cabinet Submission. The Submission must be no more than ten pages. It details the recommended approach, outlines the views of stakeholders and analyses the risks and impacts.

The draft Cabinet Submission presents the details of a proposal for comment by all clusters. Cabinet Liaison Officers located in each cluster will manage the consultation process on behalf of the department Secretary. Clusters are expected to allow at least five working days for consultation on draft Submissions, with longer consultation periods for more complex matters.

The final Cabinet Submission addresses these comments. It is circulated to clusters for Coordinated Comments, which must be approved by the Secretary. Clusters are expected to allow at least two working days for Coordinated Comments on final Submissions. This process should not be used to raise new issues, and no further changes are made to the final Submission.

The draft and final Submissions must be endorsed by the Minister before they are circulated for comment. Cluster comments are not formally approved by Ministers, but Ministers should be consulted on any sensitive aspects before comments are submitted.

Lodging Cabinet Submissions

The Minister will approve the final Submission and present it, with Coordinated Comments, for Cabinet consideration. Cabinet Submissions must be lodged by close of business five working days before the Cabinet meeting at which the matter is to be considered.

Where the Cabinet Submission is a Bill Submission that is implementing a prior policy decision of Cabinet, and there is no material variation from that prior decision, the Submission must be lodged by close of business two working days prior to the Cabinet meeting.

In exceptional circumstances where a matter must be considered urgently, and only with the agreement of the Premier and Deputy Premier, a Cabinet Submission may be lodged fewer than five working days before discussion at Cabinet.

The Cluster Minister must be consulted before a Submission is lodged. Submissions with financial implications submitted to the Cabinet Committee on Expenditure Review (ERC) must be (co-)approved by the relevant Cluster Minister.

If a Cabinet Submission is deferred and further information is required, the responsible Minister must lodge an amending letter by close of business two working days before the meeting nominated for the matter to be reconsidered.

eCabinet

A secure electronic system called eCabinet is maintained by the Department of Premier and Cabinet. All Cabinet records are managed in eCabinet. This system is also used to gather comments on Submissions before they are lodged for Cabinet consideration. 

Resources

The NSW Cabinet Manual, Cabinet Submission template and guidelines, and other useful resources including a process diagram are available at: www.dpc.nsw.gov.au/cabinet.