The Cabinet

1. The Cabinet is the council of senior ministers who are empowered by the Australian Government (‘the Government’) to take binding decisions on its behalf.
2. As a forum, the Cabinet seeks through discussion and consultation to resolve disputes and build consensus around often difficult and controversial issues. The decisions of the Cabinet are understood to be collective, not of individual ministers, and Cabinet solidarity requires all ministers to take responsibility for them and support them.
3. The Cabinet is a product of convention and practice. There is no reference to the Cabinet in the Australian Constitution and its establishment and procedures are not the subject of any legislation. Provided the guiding principles of a Cabinet system are met—collective responsibility and solidarity—it is for the Prime Minister of the day to determine the shape, structure and operation of the Cabinet and its Committees.
4. As the Cabinet does not have specific terms of reference or powers laid down in statute, the outcomes of its deliberations may require action by: the Governor‐General, individual ministers whose executive power is derived from Chapter II of the Constitution, holders of statutory office, or by the Parliament, to be put into effect.

The Prime Minister

5. There is no statutory provision that establishes the office of Prime Minister or defines the role. The Prime Minister is understood to be the ‘first among equals’ with responsibility for the strategic policy and organisational direction of the Government. Much of the Prime Minister’s actual power as Head of Government—to lead policy and political direction—is achieved through their position as the Chair of the Cabinet.
6. The Prime Minister is responsible for the membership of the Cabinet, determines and regulates all Cabinet arrangements for the Government and is the final arbiter of Cabinet procedures.
7. As Chair of the Cabinet, the Prime Minister sets the Cabinet’s agenda and determines when and where meetings take place. The Prime Minister leads and guides discussion to achieve a collective response and ensures the clarity of decisions. In exceptional circumstances where a collective decision is not possible the Prime Minister’s view is authoritative.
8. The Prime Minister is also responsible for the establishment of Cabinet Committees, including their terms of reference and membership.
9. The Prime Minister is supported by the Cabinet Secretary, to whom may be delegated responsibility for the day‐to‐day procedural and operational matters of the Cabinet and Cabinet Committees.
10. The Prime Minister advises the Governor‐General on the appointment of ministers (including the title and scope of each minister’s portfolio) and determines which ministers will form the Cabinet.
11. Ministers of State including Cabinet members, other ministers and assistant ministers (‘the Ministry’) form the Federal Executive Council—the body that formally advises the Governor‑General on the administration of the Commonwealth of Australia.

Principles of Cabinet Government

Guiding principles

12. A Westminster‐style Cabinet is defined by adherence to the principles of collective responsibility and Cabinet solidarity. These principles are the binding devices that ensure the unity of purpose of the Government. They underpin the formulation of consistent policy advice and the exercise of collective accountability.

Collective decision‐making and responsibility

13. The Cabinet system of government is founded on the principle of collective responsibility. It reflects a democratic principle: the Parliament expresses its confidence in the collective whole‑of‑government rather than in individual ministers. Similarly, the Governor‐General, in acting on ministerial advice, needs to be confident that individual ministers represent official government policy. In all areas of their work, therefore, ministers represent and implement government policy—policy which has often been considered and set by the Cabinet process.
14. In practice this means that a decision of the Cabinet is binding on all members of the Government, regardless of whether they were present when the decision was taken or their personal views. Issues may, and should, be debated vigorously within the confidential setting of Cabinet meetings. The aim is to reach some form of consensus so that the Prime Minister, as Chair of the Cabinet, can summarise what the collective decision is for recording in the Cabinet minute.
15. All members of the Ministry are understood to have participated in the decision‐making process that underpins government policy and therefore share responsibility for those policies.

Cabinet solidarity

16. Cabinet collective responsibility is most obviously expressed in the principle of Cabinet solidarity. In governments using the Westminster system, members of the Cabinet must publicly support all government decisions made in Cabinet, even if they do not agree with them. Cabinet ministers cannot dissociate themselves from, or repudiate the decisions of, their Cabinet colleagues unless they resign from the Cabinet. It is the Prime Minister’s role as Chair of the Cabinet, where necessary, to enforce Cabinet solidarity.

Operational principles

17. The proper implementation of these two guiding principles is entirely dependent on a commitment to three important operational values: consultation, confidentiality and respect for Cabinet authority.

Consultation

18. The principle of collective responsibility can only operate effectively if all members of the Cabinet are well informed and well advised (including by their departmental officials) about the decisions they are being asked to make. Timely and thoughtful consultation is the only way to ensure that there are no surprises and each minister has the opportunity to inform the discussion, bringing to the table his or her portfolio knowledge and political judgement. Good policy requires informed decisions.
19. Ministers bringing forward submissions are responsible for ensuring that the consultation necessary to enable a fully informed discussion occurs at both ministerial and official levels. This includes adhering to processes and timeframes for circulation of submissions. One objective of consultation in the development of proposals is to ensure that, as far as possible, differences between ministers are resolved in advance of the Cabinet’s consideration or, if resolution is not possible, differences are identified and set out in such a way as to facilitate informed decision‑making.
20. Further, the Government is committed to:
    1. early, meaningful consultation with the National Indigenous Australians Agency to:
       1. give genuine consideration to the impact of proposals on Indigenous Australians, early in the policy development process
       2. ensure new policy proposals are developed in line with the Government’s commitments in the National Agreement on Closing the Gap, and
       3. align with and advance the Closing the Gap Priority Reforms and socioeconomic outcomes and targets as appropriate; and
    2. elevating consideration of gender equality in policy design and decision making. Early consultation with the Office for Women in the Department of the Prime Minister and Cabinet (PM&C) will ensure the gender equality outcomes of policy decisions can be strengthened in order to create shared accountability and transparency in decision making.

Confidentiality

21. The principle of collective responsibility requires that ministers should be able to express their views frankly in Cabinet meetings in the expectation that they can argue freely in private while maintaining a united front in public when decisions have been reached. This in turn requires that opinions expressed in the Cabinet and Cabinet Committees, including in documents and any correspondence, are treated as confidential.
22. All attendees are responsible for ensuring that discussions at Cabinet and Cabinet Committee meetings remain confidential. Ministers and officials should not disclose proposals likely to be considered at forthcoming meetings outside Cabinet‐approved consultation procedures. Nor should they disclose the nature or content of the discussions or the views of individual ministers or officials expressed at the meeting itself. The detail of discussion at Cabinet and Cabinet Committee meetings is not recorded in the Cabinet minutes (see Annex F – Decisions of the Cabinet).
23. The vital importance of confidentiality in relation to the deliberations of Cabinet is recognised in legislation and under the common law. The Freedom of Information Act 1982 (the Act), for example, recognises the special nature of Cabinet deliberations in the exemption it provides for certain Cabinet documents from disclosure under the Act (subject to limited exceptions). Cabinet confidentiality is also a well‐established ground for not producing documents or information on a public interest immunity basis to courts, royal commissions or legislatures.
24. Where a document is being prepared for Cabinet’s consideration, care should be taken to expressly state in the body of the document that it is intended that it be considered by Cabinet. This will remove any possible doubt as to the purpose of the document. It is not sufficient to simply mark the document as ‘PROTECTED Cabinet’, although this practice should be also followed for all Cabinet and Cabinet‐related documents.

Cabinet authority

25. Ministers must carry out Cabinet‐determined policies with respect to their own ministries, whether or not they agree with such policies. Ministers (and portfolio agencies) must act on Cabinet decisions as recorded in Cabinet minutes.
26. Where a policy has been considered by the Cabinet, ministers must not announce that new policy or changes to a policy without the Cabinet or Prime Minister’s approval.

Ministerial responsibility

27. The key responsibilities of ministers in the Cabinet relate to upholding the principles of collective responsibility and Cabinet solidarity.
28. In practice, this means ministers must:
    1. not only refrain from publicly criticising Cabinet decisions, but also defend them publicly, or else resign
    2. not announce a major new policy without previous Cabinet, or the Prime Minister’s, approval
    3. not express private views on government policies nor speak about or otherwise become involved in a ministerial colleague’s portfolio without first consulting that colleague and possibly the Prime Minister
    4. understand that government advice to the Governor‐General is assumed to be unanimous.
29. The Cabinet principles and conventions also apply to the whole Ministry, not simply those ministers in Cabinet.

Individual ministerial responsibility

30. Some ministerial posts have responsibility for certain statutory functions that are exercised by the individual minister and not through Cabinet (see Annex B – Managing the Cabinet business).
31. Ministers should, however, inform the Cabinet of any exercise of an individual statutory power that merits Cabinet‐level attention. Informing the Cabinet of the intended decision and the basis for that decision enables the minister’s colleagues to defend that decision publicly and collectively.
32. If ministers are unsure about whether to bring an issue concerning the exercise of a statutory power or function to the Cabinet, they should seek guidance from the Prime Minister or the Cabinet Secretary.

Reviews and inquiries

33. Prior to announcing or commencing a review or public inquiry, Ministers must write to the Prime Minister, and the Prime Minister may determine that Cabinet consideration is required.

The Cabinet Secretary

34. The Prime Minister may appoint a Cabinet Secretary to manage the flow of business to the Cabinet.
35. The Cabinet Secretary has the authority to:
    1. settle the forward schedule of the Cabinet and the Cabinet Committee meeting dates
    2. respond to ministers’ requests for authority to bring items forward for consideration by the Cabinet
    3. authorise the Cabinet and the Cabinet Committee agendas
    4. determine the appropriate format for Cabinet documentation
    5. consider variations to Cabinet minutes requested by ministers
    6. deal with practical issues regarding the co‐option of ministers not in the Cabinet and parliamentary secretaries, and attendance of officials.
36. The Cabinet Secretary attends all meetings of the Cabinet and is responsible for the smooth running of meetings and authorising the record of decisions (the Cabinet minutes). This includes responsibility for advising the Prime Minister on all questions connected with the appointment and organisation of Cabinet Committees, including membership and terms of reference. The Cabinet Secretary may also attend Cabinet Committee meetings.

Cabinet Division

37. The Cabinet Division (including the Cabinet Secretariat) is a part of the Government that provides continuity and impartial support for operations at the centre of government. It operates within PM&C and is staffed and managed by officers of PM&C. Cabinet Division exists to support the Prime Minister, the Cabinet Secretary and the Chairs of Cabinet Committees in ensuring that government business is conducted in an effective and timely way and that proper collective consideration takes place.

Cabinet Committees

38. Cabinet Committees provide the forum for detailed consideration and discussion of issues before full Cabinet consideration, with officials available to assist ministers if the Cabinet Committee wishes (see Annex G – Cabinet Committees).
39. The Prime Minister determines the membership, Chair, Deputy Chair and terms of reference of each Cabinet Committee.
40. Cabinet Committees are usually established either around a subject area, such as national security, or around a general function of government, such as expenditure and taxation.
41. Temporary Cabinet Committees may also be established by the Prime Minister to carry out a particular task, usually over a limited timeframe.
42. Cabinet Committees derive their powers from the Cabinet. Generally, Cabinet Committee decisions are brought forward to the Cabinet for endorsement and the Cabinet retains the ultimate power of decision. While some Cabinet Committees make final decisions for security or practical reasons, most Cabinet Committee decisions may not be acted on until they have been endorsed by the Cabinet. The Cabinet may alter a Cabinet Committee decision or ask a Cabinet Committee to consider a matter further.
43. Occasionally, the Cabinet will authorise a Cabinet Committee or specified minister to have power to act (that is, power to take a final decision) on a clearly defined item. Where a Cabinet Committee or specified minister takes a decision under power to act that decision can be acted on immediately and these decisions are reported to the Cabinet in the usual way. When authorising decisions to be taken by a specified minister or group of ministers under power to act, the Cabinet may request that the minister report back to the Cabinet.