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:
- not only refrain from publicly criticising Cabinet decisions, but also defend them publicly, or else resign
- not announce a major new policy without previous Cabinet, or the Prime Minister's, approval
- 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
- 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.
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