"Westie’s take on the Westminster system"

This page explains some terms and processes which are part of the Westminster system of Government used throughout the Commonwealth, including Australia and New South Wales.

"The Westminster system of Government is the British system of representative government, usually termed responsible government, characterised by an executive council sitting within, and responsible to, the Legislature. Other elements of a legislature are a supreme executive authority, the Crown, which does not actively participate in government, and an independent judiciary. Legislative and Executive powers are not separate. It is so called because the British Parliament sits at Westminster, now part of greater London. The constitutions of the Australian Commonwealth, and each of the States, adopt the Westminster system. Also known as ‘responsible government’." (Butterworths Concise Australian Legal Dictionary, 2nd ed., Butterworths, 1998)

THE BUDGET

Budget Committee of NSW Cabinet is comprised of 4 Ministers, those being the Premier, the Deputy Premier, the Treasurer, and the Special Minister. The NSW Budget Committee approves Agency (Department) budget proposals for the upcoming year as well as forward estimates in revenue and spending.

NSW Budget Process - the Budget is set within the NSW Government’s overall strategy. The annual Budget process has distinct levels of interaction within Government. At one level, the Treasurer interacts with the Ministers, and at another the Treasury interacts with the agencies (Departments). The following explanation outlines the main steps, but in any given year, additional factors may affect the process:

• August/September – Budget timetable is prepared
• October – Estimates letters are sent to Agencies (Departments)
• November – Agencies reply with their Budget proposals and estimates. Treasury looks at each Agency’s proposals. Treasurer meets with each Minister to discuss each Agency’s proposals, as well as overall issues.
• December – Treasury finalises recommendations on Agency proposals
• January – Treasury determines Budget totals based on recommended Agency Budget proposals. Treasurer and Assistant Treasurer conduct final meetings with Ministers to finalise Agency (and total portfolio) funding issues.
• February – forward estimates letters are sent to non-budget dependent government agencies. Treasurer and Assistant Treasurer conduct final meetings with Ministers to finalise portfolio funding issues. Budget Committee of Cabinet approves Agency proposals for Budget year and forward estimates.
• March – Final forward estimates letters are issued to budget dependent agencies. Forward estimates are returned to Treasury from non-budget dependent Agencies. Treasurer meets with industry and community groups in mid-March.
• April – Final Budget and forward estimates are returned to Treasury from budget dependent agencies. Finalisation of Budget aggregates and individual agency information.
• May – preparation and release of Budget.

N.B. This Budget guide is indicative only because each year additional factors are taken into account.

THE CABINET

NSW Cabinet is comprised of all NSW Government Ministers. It is given secretarial support by the Cabinet Office which assists with the drafting of minutes. Cabinet considers all issues relating to Government. Decisions of Cabinet are binding on all Ministers, through Caucus and the Parliament. The decisions and deliberations are confidential. Cabinet has various committees, including the Budget Committee, and the Cabinet Committee, and so forth which consider various specific matters as they arise.

NSW Cabinet Committee - is the Executive of Cabinet and deliberates on matters prior to full Cabinet consideration.

Cabinet Confidence - is a term used to describe the process of consideration, debate and decision making of the NSW Cabinet. Cabinet deliberations and decisions are confidential. "Cabinet Confidence" helps to preserve the integrity of the issues being debated, and assists the Government in making a decision which preserves its agenda. It assists in coordinating timing of announcements and in deciding whether or not, and when, consultation with parties and the wider community ought to take place. Some critics describe "Cabinet Confidence" as being anti-democratic and not helpful to transparency in government decision making. Cabinet Confidence is however an established protocol for many Governments throughout the world.

NSW Cabinet Minute - is written by the NSW Cabinet Office in response to an issue or to pursue existing Government policy. It sontains a brief note on an issue or matter which includes background, issue, and a recommendation for action on the matter.

NSW Cabinet Office

• assists the Premier as a source of policy advice;
• assists Cabinet in making collective decisions about Government policy;
• co-ordinates the development of Government policy;
• provides secretariat service to the Cabinet and its committees;
• advises the Premier on Cabinet proposals;
• formulates policy options for consideration by the Premier and the Cabinet;
• facilitates and co-ordinates exchange of views between Ministers where proposals have implications for a number of Government administrations;
• co-ordinates inter-governmental relations with the Commonwealth and other States;
• handles correspondence from individuals and organisations who write to the Premier or the Director General on a variety of issues.

Cabinet solidarity - Cabinet decisions are binding on the Ministers.

Can a Cabinet decision be revisited? All decisions are necessarily subject to the democratic processes, from Cabinet to the Caucus committee, to the Caucus, to the NSW Parliament. Regulations are reliant on the Minister’s approval, Governor’s assent, and subsequent Gazettal.

THE CAUCUS

• Caucus is usually the next port of call (following the Caucus sub-committee’s deliberations) in authorising a Minister to proceed with introducing legislation. The Minister seeks endorsement by the Caucus at this time
• is comprised of ALP NSW Government members (Upper and Lower House). Caucus deliberations are confidential
• members receive verbal and written reports from Ministers and other office holders on portfolio initiatives and legislation
• receives verbal and written reports from House Leaders and Whips on NSW Parliamentary tactics.
• receives verbal and written reports from other persons who have items for discussion.
• deliberates and votes on a range of issues and matters, including decisions to proceed with legislation in a Bill form.
• Caucus decisions are usually binding.
• NSW Caucus Committees are assigned to each Minister’s portfolio area. They are comprised of backbenchers. NSW Parliamentary secretaries and Chairs liaise with the Minister’s office on formulating meeting times. They are addressed and briefed by the Minister regarding upcoming legislation and agency initiatives. They deliberate on matters pertinent to specific legislation and issues relating to their respective portfolios.

WHAT IS LEGISLATION?

• Legislation exists in a variety of forms.
• NSW Parliamentary legislation is made by the Parliament (an Act or a Statute). Legislation before the House is referred to as a "Bill."
• Delegated legislation is law made by bodies other than NSW Parliament such as a Minister or a local government body and includes Regulations, rules and by-laws.

WHY LEGISLATE?

Legislation helps control social and economic conduct. Legislation has grown in complexity and length over recent years, as Governments seek to more comprehensively regulate conduct within public places, businesses, public and private organisations, workplaces, relationships – just about every aspect of our lives is governed by law. Laws, in theory, bring certainty and stability to people’s lives.

PRE-LEGISLATION

Discussion Paper

• a discussion paper is sometimes also referred to as a Green Paper. The paper is usually prepared by the Minister’s office or the Department office and goes out to stakeholders and community representatives under the Minister’s name. It is a good idea to keep tabs on the particular deadlines for submissions and to ascertain any public meetings or hearings which may be taking place during this initial "consultation period."

Green Paper

• is a discussion paper which precedes a White Paper. The community is asked to make submissions on the issue by a given date.

White Paper

• is the endorsed Government position, and either it or a summarised form has passed through Cabinet or the Executive. It usually results from the consideration arising from the Green Paper.

Exposure Bill

• is a Bill which the Minister circulates to stakeholders for further discussion, prior to bringing a Bill on in the Parliament. The Minister is able to receive feedback from stakeholders on aspects covered by the Bill.

THE PROCESS OF LEGISLATING

The responsible Minister presents a Bill to the NSW Parliament. The process involves introducing the Bill. Often, a Minister will introduce a Bill, and then proceed to a Second Reading, wherein the Minister speaks briefly on the effects of the proposed legislation.

Once the Second Read has been completed, the Minister will usually adjourn debate to facilitate consideration of the Legislation by other Members of NSW Parliament. Often the debate will be adjourned for five calendar or sitting days to allow this to occur. The complexity or controversial nature of the Bill may lead to greater periods of consideration by other members of Parliament. There are times however, for example when special circumstances, emergency situations, or matters of importance occur which require legislation to be brought on quickly. On the other hand, Ministers are also able to leave a Bill fairly much indefinitely once it has been read a first and second time, by adjourning debate when it comes back onto the notice paper.

After detailed examination if necessary, the Bill will be reintroduced and read a Third time, with limited debate.

The final vote will then be taken and if the Bill passes, it will progress to the other House for approval there. The Bill will return to the House of origin for final approval before the Clerk certifies it. It will then be taken to the Governor for assent on behalf of the Crown.

Once the Bill is assented it becomes an Act of Parliament and is law.

For a full list of current bills before the NSW Parliament, click here

Click for a full Glossary of terms relating to Bills.