Standing Order 240 of the Legislative Council has altered the previous six-month timeframe within which Government responses to Parliamentary Committee reports were required.

On the tabling of a report from a Parliamentary Committee that recommends action be taken by the Government, the Clerk of the relevant House in which the report is tabled is to refer the recommendations to the Government. The Government must then report to the relevant House in which the report was tabled what action, if any, the Government proposes to take in relation to each recommendation of the committee.

 The Government response must be tabled in accordance with the following timeframes:

• within six months of a report being tabled in the Legislative Assembly (SO 303A of the Legislative Assembly)

• within three months of the report being tabled in the Legislative Council (SO 240 of the Legislative Council)

The Clerk of the House responsible for supporting the Committee that has prepared the relevant report will write to the Government under the Standing Orders of that House. This means that the three-month timeframe for a Government response only applies to a referral of a Legislative Council Committee report from the Clerk of the Legislative Council.

Ministers and agencies should be mindful of the requirements for Cabinet to consider a proposed Government response before it is provided. Further information is available in the Cabinet Practice Manual published on The Cabinet Office’s website (www.tco.nsw.gov.au), including the usual timeframes for preparation and approval of a Government response to a Parliamentary Committee report.

If the Minister responsible for a Government response that is subject to the new three-month timeframe believes that a considered Government response cannot reasonably be prepared, considered by Cabinet and provided to the House within that timeframe, the Minister should write to the Clerk, copying the Leader of the Government in the House, advising of the reasons why further time is required and the date by which a Government response will be provided.

 Standing Order 240 of the Legislative Council provides that:

• The President is to report to the House any Government response not received within the three-month deadline.

• If a response does not address what action, if any, the Government proposes to take in relation to each recommendation, the President is to inform the House on the next sitting day. The relevant Minister must immediately explain to the House the reason for non-compliance.

• If, after explanation in the House, the Minister has not provided a full Government response within a period of one month, the President is to again inform the House and the Minister will again be called to explain. This procedure is to continue until a full Government response to each recommendation is provided.

Chris Minns MP
Premier