New Policy for NSW Government agencies making submissions and providing responses to Inquiries

The policy for NSW Government agencies to respond to inquiries held by NSW Parliamentary Committees, statutory agencies (such as IPART), Royal Commissions and Special Commissions of Inquiry as well as inquiries initiated by the Commonwealth Parliament and Commonwealth agencies is the subject of a new Premier's Memorandum as of March 2021, namely, "M2021-08 NSW Government submissions and responses to inquiries". This Memorandum replaces "M2012-14 State Submissions to Inquiries". The Memorandum provides guidance to Ministers and agencies on whether a submission should be made to a range of inquiries and the pathway for review and approval.

Given that those conducting various inquiries may make a request for a submission directly to the Premier, Ministers and/or agencies (as well as provide a general invitation to the public), and there are occasions where invitations for submissions are made by the same inquiry to different Ministers and agencies, it is imperative that there is a standardised process and approach for NSW Government agencies when they are considering making a submission as well as to guide the content of any submission to be made. According to the Premier's Memorandum, it is also important that "there is a systematic approach to assessing the benefit of any submissions, with coordination across Government".

The Premier's Memorandum outlines the required steps that NSW Government agencies should take before seeking to make a submission to any inquiry. The Premier's Memorandum also attaches "Guidelines for approval" which provides guidance on the approval process based on the type of submission being made. See link to the "Guidelines for approval" below.

Also, the inquiries may, from time to time, require that Ministers and agency employees appear as witnesses. In relation to appearing before the Legislative Council's Portfolio Committee, Guidance for witnesses can be found in Memoranda M2017-01 and M2017-02.

This Memorandum applies to all NSW Government agencies subject to Ministerial direction and control. Please note that independent integrity agencies and other bodies not subject to Ministerial direction and control (e.g. ICAC, the Ombudsman, Information and Privacy Commission, Auditor General and the Law Enforcement Conduct Commission) are not required to seek Ministerial approval before lodging a submission.

A link to the Premier's Memorandum can be found below.