26 September 2023

DPC Memo sets new rules for NSW PS

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NSW Agencies are now required to prepare a Statement of Public Interest when assisting a Minister with the carriage of a Bill in Parliament, according to a Memorandum from the Department of Premier and Cabinet.

In M2022-03 Statements of public interest, Premier Dominic Perrottet said all Departments, Executive Agencies related to Departments, separate Agencies, Statutory Authorities and Bodies, and Advisory Entities (including Boards and Committees) were required to comply with the new rule.

Mr Perrottet said the change followed Standing Orders 136A and 137 of the Legislative Council coming into effect earlier this month, requiring 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,” Mr Perrottet said.

“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,” he said.

“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.”

Mr Perrottet said the Statement must address the need for the Bill, its objectives, what other options were considered prior to the Bill, an analysis of each option, the timetable and steps for the policy’s rollout, and information on the consultation process.

He said 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 template attached to the Memorandum.

“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,” the Premier said.

M2022-03 Statements of public interest can be accessed at this PS News link.

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