NSW Government submissions to inquiries provide a pathway for the Government to contribute to policies, strategies and outcomes in areas of significance for NSW.

Inquiries affecting the interests of the NSW Government may be conducted by:

• NSW Parliamentary Committees

• NSW statutory agencies (for example the Independent Pricing and Regulatory Tribunal)

• Royal Commissions and Special Commissions of Inquiry

• Commonwealth Government agencies and the Commonwealth Parliament

• non-government organisations or international bodies.

This Memorandum provides guidance for Ministers and agencies invited to make a submission to an inquiry, or where it is decided there is value in making one.

This Memorandum should be read in conjunction with the following documents:

• The Cabinet Practice Manual is the authoritative guide to Cabinet practice in NSW – it provides guidance on the types of matters that are generally considered by Cabinet and Committees.

• From time to time, Ministers and agency employees may be called as witnesses to appear before parliamentary and other inquiries. Guidance for witnesses before the Legislative Council's Portfolio Committees is provided in Premier’s Memoranda M2017-01 and M2017-02. 

For guidance on NSW Government responses to inquiries, including mandatory responses, see M2025-03.

Government submissions to inquiries

The Government may be invited to make a submission to an inquiry. Written requests for submissions may be made directly to the Premier, Ministers or agencies by the organisation holding the inquiry, or a general invitation to make submissions may be made by the relevant organisation. Invitations are sometimes made to multiple Ministers and agencies regarding the same inquiry.

When to make a submission

The preparation of a high-quality submission is resource intensive and time consuming. It is important for Ministers and agencies to consider carefully at an early stage whether there is value in making a submission to an inquiry. Submissions should be prepared only where an inquiry addresses issues of substantial importance and making a submission would be of strategic value to the NSW Government. As a general principle, presenting an established NSW Government policy position is an insufficient reason for making a submission. If the subject matter of an inquiry is not relevant to the NSW Government or is of limited strategic importance, a submission should generally not be made.

Responsibility for preparing a submission

The agency with portfolio responsibility for the subject matter of the inquiry is responsible for: obtaining the Minister’s and the Premier’s approval to prepare a submission; leading the preparation of the submission; and obtaining approval of the submission as required.

Where the submission relates to other portfolios, the responsible agency should consult with relevant agencies to ensure that there is a coordinated approach across NSW Government to the preparation and approval of Government submissions.

In a limited range of circumstances where an inquiry raises complex issues affecting multiple portfolio areas or there is no clear lead agency, The Cabinet Office (TCO) may assume responsibility for the submission. This will need to be agreed by TCO, in consultation with the agency.   

If the responsible agency proposes that a submission should be made, the agency should first consider whether there is publicly available information that can be submitted to the inquiry. If this is not sufficient, the responsible agency may propose a submission containing information regarding Government policy.

Approvals required for a submission

There are two approval steps associated with the making of a submission:

1. Approval to prepare a submission and of the nature of the submission.

2. Approval of the final submission.

The approval required depends on which of the following four categories the submission falls into:

 In all categories, agencies wishing to make a submission to an inquiry must first seek their Minister’s endorsement.

The Premier’s approval is also required if the submission falls into Categories 1-3.  In those cases, the Premier may determine, at any time, that a submission is not required. 

If it is not clear which category a proposed submission falls within it should be treated as falling within category 1 or 2, unless the Premier (or delegate) or TCO determines otherwise.

Attachment 1 to this memorandum sets out for each category of proposed submission whether the Premier’s or Minister’s approval is required for the decision to prepare a submission and the nature of the submission, and the pathway and timeframe for approval of the final submission.

Attachment 2 to this Memorandum contains a form that should be used by agencies when seeking approval from the Premier to prepare a submission.

Timeframes for submissions can be short. Where the approval of the Premier is required, i.e., categories 1-3, agencies should contact the relevant TCO policy team as early as possible once the Minister’s endorsement to make a submission has been received. The template form at Attachment 2 should be completed before commencing any work on the draft submission.

Chris Minns MP

Premier