On 19 May 2022, the Legislative Council adopted, as Sessional Orders of the first session of the Fifty-Seventh Parliament, proposed new Standing Orders. The new Standing Orders took effect from 7 June 2022.

Standing Orders 136A and 137 now require a Statement of Public Interest to accompany Government bills considered by the Legislative Council. This requirement does not apply to an appropriation bill for the ordinary annual services of the Government. The purpose of the statement is to provide Members with information that will assist them to make an informed decision as to how to deal with the bill, and to demonstrate sound policy-making.

The Minister responsible for the introduction of a bill will be required to make a statement following the first reading as to whether a Statement of Public Interest has been prepared.

If a Government bill is not accompanied by a Statement of Public Interest, then a motion may be moved without notice (and prior to the second reading of the bill) that the bill not proceed until a Statement of Public Interest is tabled, or that the bill is referred to a standing or select committee for inquiry and report.

The Statement of Public Interest must answer the following questions:

1. Need: Why is the policy needed based on factual evidence and stakeholder input?

2. Objectives: What is the policy’s objective couched in terms of the public interest?

3. Options: What alternative policies and mechanisms were considered in advance of the bill?

4. Analysis: What were the pros/cons and benefits/costs of each option considered?

5. Pathway: What are the timetable and steps for the policy’s rollout and who will administer it?

6. Consultation: Were the views of affected stakeholders sought and considered in making the policy?

Agencies responsible for assisting a Minister or Government member with carriage of a bill in Parliament should prepare a Statement of Public Interest using the attached template. An example of a Statement of Public Interest is also attached.

In preparing a Statement of Public Interest Ministers and agencies should be mindful of the requirements of Premier’s Memorandum M2006-08 Maintaining Confidentiality of Cabinet Documents and Other Cabinet Conventions.

Dominic Perrottet MP
Premier