The purpose of this Memorandum is to clarify the protocols for NSW’s participation in intergovernmental Ministers’ meetings. 

The Intergovernmental Relations System

National Cabinet is the peak intergovernmental forum in Australia.  Its role is to initiate, develop and monitor matters of national significance that require coordinated action by all Australian Governments.  It consists of the Prime Minister and State and Territory Premiers and Chief Ministers.

Under the federal relations architecture agreed by National Cabinet, select ministerial councils report to National Cabinet annually on workplans and regularly on key priorities tasked by National Cabinet.  The list of councils may change, as National Cabinet’s priorities are refreshed.  

Ministerial Councils which are not reflected in the federal relations architecture and do not report directly to National Cabinet can continue to meet as needed, including to fulfil any statutory obligations.

This memorandum applies to all interjurisdictional Ministers’ meetings.

Approval of NSW positions

NSW Ministers attend intergovernmental meetings to represent the views and positions of the State of NSW. Accordingly, it is essential that the interests and views of the NSW Government are accurately reflected.  Ministers should not agree to matters at Ministers meetings unless they are authorised to do so in accordance with this memorandum.

Cabinet consideration

Portfolio Ministers should, at the earliest opportunity after priorities for an interjurisdictional forum have been set, seek the Premier’s approval to bring forward a Cabinet Submission seeking approval for  the policy positions needed to ensure effective NSW participation in the forum.  This Submission should be principles-based, covering the key policy positions NSW would seek to pursue under the priority reform areas identified by National Cabinet or Chair of the Ministers’ meeting forum. It should be titled ‘[committee name] Work Program - NSW Strategic Positions’.

When Cabinet consideration is required, the following should be explained to Cabinet in a Cabinet Submission:

• key priorities NSW will seek to progress through the interjurisdictional forum,

• any substantive new policy positions that Ministers propose to put to the forum,

• the proposed NSW position on all items to be considered by the Ministers’ forum (where known), and

• detailed advice on the result of any interjurisdictional or interagency consultations.

Following initial Cabinet consideration, Ministers are not required to return to Cabinet before every interjurisdictional meeting unless:

• there is a deviation from any of the agreed positions being proposed; and/or

• approval is required to finalise an aspect of the forum’s work program, such as executing an intergovernmental agreement; and/or

• a significant new policy position, work program or funding arrangement is proposed.

In these instances, a submission should be brought forward for consideration by Cabinet or the relevant Committee of Cabinet.

Ministers attending routine interjurisdictional meetings, sending regular interjurisdictional correspondence, or seeking minor changes to agreed positions may be authorised through an exchange of letters with the Premier. This correspondence should ensure the Premier is made aware of the context of the interjurisdictional meeting or correspondence, any endorsed NSW positions and relevant next steps.

Agencies should seek advice from The Cabinet Office (TCO) on the most appropriate authorisation process for NSW positions. It is also advisable that the relevant Minister’s Office consults with the Premier’s Office on the proposed approach.

Where it is unclear whether Cabinet approval is required, agencies should consult with their Department Cabinet Liaison Officer, who may consult the TCO Cabinet and Intergovernmental Relations teams, as required.

Consultation and early engagement

Before taking part in Ministers meetings, Ministers must ensure that a coordinated NSW position is developed, in consultation with all relevant portfolio Ministers and their agencies.  Officers are encouraged to actively engage with their colleagues in other agencies and portfolios early, including to seek feedback on the positions they intend to take to the meeting.  If appropriate and where possible, agencies should also consult with their colleagues in other jurisdictions to ensure the Premier is fully briefed ahead of each meeting.

For every Ministerial Council meeting, Ministers should provide the Premier (via TCO at [email protected]) with the following:

• the dates of meetings at the earliest opportunity

• upon receipt, copies of meeting agendas, papers and NSW briefing materials

• outcomes and minutes (including initial draft summary of the meeting) from the meetings at the earliest opportunity.

Links to resources

• NSW Cabinet Practice Manual

• Australian Government advice on effective Commonwealth State Relations

• Guidance for intergovernmental meetings (Nov 2022)

• Final Report to National Cabinet – First Secretaries Group’s Review of Ministerial Councils

• Australia’s federation relations architecture

Contact

For general queries, please contact the Intergovernmental Relations team, The Cabinet Office – email: [email protected].

Chris Minns MP
Premier