This guidance is primarily for Victorian Public Service (VPS) Secretaries, and VPS senior executives who exercise the delegated authority of Secretaries.
It provides high-level, principles-based advice about Secretaries’ obligations and responsibilities when informing and advising Ministers. It also outlines how this supports our system in Victoria of responsible government and Ministerial accountability.
Secretaries should consider the principles in this guidance as a starting point for:
Other VPS staff are encouraged to read this guidance and allow it to inform their actions in informing and advising Ministers.
In this guide:
Victoria’s system of government is derived from the Westminster system. A key concept of the Westminster system as it applies to Victoria is the doctrine of responsible government. Under this doctrine, Ministers:
Under the evolution of Westminster principles in Victoria, ultimate accountability is to the people of Victoria. Ministers, as Members of Parliament, are elected representatives of the people of Victoria and are accountable to the people through the process of parliamentary elections.
Cabinet is the Victorian Government’s principal decision-making body. Cabinet considers questions of policy, administration and legislation. All Ministers are part of Cabinet and have collective decision-making responsibility for Cabinet decisions (See further the Victorian Cabinet Handbook, available at: https://www.vic.gov.au/cabinet-handbook).
Individual Ministers may give directions to departments to implement their decisions or the decisions of Cabinet and are responsible for administering and overseeing their portfolios.
The role of the VPS is to support the government of the day to deliver its agenda. In accordance with the Public Administration Act 2004 (Vic) (PAA) and the Code of Conduct for Victorian Public Sector Employees (the Code), the VPS:
The line of accountability under the Victorian system of government links from Secretaries, to the Minister, to Parliament, to the community:
The board of a public entity is also accountable to the Minister for the exercise of its functions. Secretaries support Ministers to oversee public entities to enable Ministers to account to Parliament for a public entity’s exercise of its functions.
Responsibility for a matter can be held by multiple people and can be delegated. Similarly, while only one person should be ultimately accountable, it may be the case that multiple people are accountable for different aspects of a matter.
Secretaries operate in a complex environment. Uncertainty about responsibilities and accountabilities may arise due to:
In any structure, it is important to always be clear about:
Secretaries and executives should ensure they understand any relevant agreed and documented governance and accountability structures, such as the Victorian Cabinet Handbook. If there remains any doubt about who is responsible and accountable, Secretaries and executives should raise it immediately with the relevant Minister or departmental executive and seek clarity. It is likely that others share this uncertainty and addressing it early is the best way to proceed.
In seeking clarity:
As a central agency in the Victorian Government, the Department of Premier and Cabinet may provide advice and assistance to clarify responsibilities and accountabilities. It does this on the basis of its whole-of-Victorian government role in governance and coordination, and in managing Cabinet processes.
Secretaries have a number of specific legal obligations and responsibilities under Victorian legislation. This includes, for example, the PAA and the Public Records Act 1973 (Vic). This section outlines key obligations relating to a Secretary’s role in informing and advising Ministers. Other obligations, for example under the Financial Management Act 1994 (Vic), are not discussed in this guidance.
Secretaries:
Under their employment contract with the Premier of Victoria, a Secretary is also subject to a duty to obey any lawful and reasonable directions made by the Premier.
Secretaries should apply their obligations in the context of:
In fulfilling their obligations, Secretaries must also comply with the Code. The Code is issued by the Victorian Public Sector Commissioner under the PAA and is binding. It is based on the public sector values and promotes adherence to those values. Under the Code, Secretaries are required to:
In addition to the need to respect and promote human rights as one of the public sector values, Secretaries also have a legal obligation under the Charter of Human Rights and Responsibilities Act 2006 (Vic) to:
Secretaries are legally obliged under the PAA to provide full information and frank and impartial advice in all matters relating to their department, its administrative offices and relevant public entities. This supports Ministers to make decisions, ensure their agenda is being implemented, and account to Parliament and the community.
While there is not a specific set of rules as to what matters Secretaries need to inform their Minister about to fulfil their obligations under the PAA, the best outcomes will be achieved through the exercise of judgement and experience. It is also important for Secretaries to work through expectations with the Minister and their office early in their relationship. These discussions should:
Secretaries should use their judgement and brief their Minister on all matters of significance. Matters of significance will include, for example:
Part of a Secretary’s role is to ensure Ministers are informed about significant and material matters related to the operational activity of the department and implementation of government policies and programs. This will enable them to:
In deciding whether to advise the Minister of other matters, consider the matter’s significance and importance in terms of:
Secretaries should be proactive in briefing the Minister on material and significant matters. While Ministers often proactively request information, Secretaries cannot assume their Minister is aware of what to ask for regarding the broad and detailed nature of departmental business.
A guiding consideration in deciding whether to brief is whether the Minister reasonably needs the information to oversee, administer and account for their portfolios. This does not mean a Secretary should brief the Minister on every matter dealt with by the department. Taking this approach would increase the risk of overwhelming decision-making and hindering the effective and efficient functioning of departments and government.
Secretaries should exercise their judgement and use their experience to determine whether the significance of a matter makes it materially relevant to the Minister such that the Secretary should advise the Minister of it as part of their role in supporting responsible governance.
There are various ways to communicate with, and provide information and advice to, a Minister. This includes digital channels such as email, texts, messaging platforms and virtual meetings.
These tools can support Secretaries in being responsive to requests from Ministers. However, Secretaries should not assume that they:
Sound judgement and active consideration of a matter’s significance are required in balancing the provision of informal updates to Ministers with the provision of formal briefings which allow for considered and documented ministerial decision-making.
Informal conversations and communication methods may be appropriate for providing factual information to the Minister or for an initial policy discussion or decision. Secretaries should confirm the factual information, discussion or decision in a follow-up written brief or other appropriate formal briefing process, unless they are confident that the matter is not material or significant enough to warrant this. If a Secretary believes this is the case, they may still document the matter in file notes or meeting minutes.
Formal systems are important:
Where timeliness is of particular importance, expedited formal briefing processes can assist in striking the right balance while maintaining accountability and transparency. Secretaries are encouraged to determine what expedited processes may look like based on the current briefing systems and processes their department uses and the technology that is available at the time.
Technology is evolving rapidly and can play a role in meeting increasing expectations for timely responses. Secretaries are encouraged to periodically review compliance with public record keeping requirements to confirm that the use of new technology and communication options complies with those requirements. This is consistent with a Secretary’s role to steward the public service and ensure that it remains contemporary with social and technological advances.
Ministerial advisers may also seek information from a Secretary as part of the adviser’s role in supporting the Minister. It is important to confirm that information the department provides:
Providing information to an adviser does not equate to briefing the Minister. Where there is any uncertainty as to whether a Minister is aware of a particular matter that a Secretary thinks the Minister should be aware of, the Secretary should seek direct confirmation from the Minister as a matter of clarification.
Secretaries are responsible for managing their department. This includes overseeing the day-to-day activities and operational decisions that are required to be made in real time to ensure the effective functioning of their department and government.
Secretaries are responsible for ensuring their department implements the agenda of the government of the day. Once the Minister has made a decision or given the department a direction, a Secretary must ensure that their department implements that decision professionally and responsively and not repeatedly advise on other options the department may have recommended.
However, where there is a significant change in circumstances (for example, new material risks are identified), it is appropriate to advise the Minister of these matters to confirm the Minister’s decision. It may also be appropriate to provide a supplementary briefing, following a decision, to update the Minister on new or realised implications of the decision. It is also possible that a Secretary could receive differing or conflicting directions from different Ministerial portfolios which would justify additional briefings on already addressed matters to clarify the matter.
A Secretary will from time to time need to provide the Minister with advice and clarification that may not be received favourably by the Minister, including actions by their department that need to be changed or corrected. A Secretary may also need to provide advice that they know or anticipate the Minister may not welcome.
This should be managed openly and transparently and by:
Shielding the Minister from information and advice that they may not be comfortable hearing is not consistent with the principle of frank and fearless advice. It is only by providing the Minister with full information and advice that Ministers can consider the matter, take into account relevant information and make decisions about necessary actions.
Informing the Minister’s office that such a brief is forthcoming may be helpful and assist in building a positive relationship with the office. Discussing the direction of the advice may assist advisers to understand the issues and allow advisers to indicate any matters that the Minister wants specifically addressed in the brief. However, Secretaries should avoid discussing options or testing ideas with advisers in a way that would filter, constrain or modify their frank and impartial departmental advice to the Minister.
There may also be times where a Minister has outlined specific preferences regarding when they want to receive a brief or the types of briefs they want to receive. This might include a request not to be briefed on a particular matter at a point in time. Secretaries should consider why the Minister has made these requests. For example, the Minister may:
It is important that Secretaries develop trust with their Minister and consider the Minister’s wishes in appropriate circumstances. A Secretary should also be mindful of their:
The Minister’s preferences alone should not be determinative of whether to brief. A Secretary should consider the impact of not briefing and proceed to brief if they consider that it is necessary and required by their role as department head under the PAA. This may include where they consider:
Secretaries should ensure that briefs are provided with full consideration of the matter at hand including analysis, evidence, consultation with relevant experts, understanding of risks and who owns the risk, and with options for a path forward.
The Government and its Ministers will primarily frame a policy issue through:
The public service also has a significant role in policy-making, including:
In contributing to policy advice and in exercising their judgement, a Secretary should be aware of, but not influenced by, political or electoral considerations that exist separate to policy advice. The purpose of policy advice should not be to advance a particular party’s political interests. Secretaries should be aware of the political context; however, they should always ensure they are providing frank and impartial policy advice separate to the political context.
Advising a Minister is frequently a matter of urgency. Ministers can require advice or information in very short timeframes, for example to account to Parliament. Urgency may also be influenced by daily media queries on matters of public significance or interest.
Responding to urgent matters should be considered standard operating practice and part of business as usual for Secretaries and departments.
It is important that Secretaries are responsive to their Ministers and support them by:
It is therefore imperative that Secretaries establish working arrangements and briefing processes which can operate effectively in urgent situations. Along with the use of appropriate technology, these processes should be designed to support the quick and efficient provision of advice.
Urgency does not remove the need to:
Urgency increases the importance of documenting actions and decisions as Secretaries and senior departmental executives can find themselves in circumstances where information is passed on quickly and clarity and direction can be low.
Working arrangements should operate effectively under an emergency and should work consistently with established Victorian Government emergency management arrangements (for example, the Victorian State Emergency Management Plan, prepared under the Emergency Management Act 2013 (Vic)).
To support effective processes under emergency management conditions, Secretaries should:
Upholding and modelling the public sector values is one of a Secretary’s key responsibilities under the PAA and as a steward of the VPS.
Secretaries should use their judgement in approaching a task to ensure that all values are considered and complied with in their actions. It is important for Secretaries to avoid overemphasising one value at the expense of another. For example, being responsive through the use of new communication tools is important, but this cannot be at the expense of an ability to be accountable, for example through endorsed and documented ministerial briefings.
At times, different people working on a particular issue may have different ideas about how to best comply with the public sector values and therefore about the right course of action. Secretaries should foster a culture in their department that encourages open and frank discussion about the best way to ensure all public sector values are complied with in providing advice to Ministers.
It is important that there is established and well-developed trust between Ministers and public servants. A Secretary should prioritise establishing trust with the Minister and their office from the start of their professional relationship.
Trust is built through:
Advice should be:
With time in their portfolio, a Minister will identify what they need to work effectively with the Secretary and department. Secretaries should regularly review their working arrangements and processes to ensure that they meet the Minister’s needs and the Secretary’s obligations. This will include placing well trained and supported public service departmental liaison officers in Ministers’ offices to assist with departmental business.
Good working relationships between departments and ministerial advisers benefit from clarity of roles and responsibilities. A Secretary should discuss these with their Minister and document the discussion as an agreed protocol for department staff which addresses and complements the guidance in this document.
Secretaries should, through their departmental processes, develop templates and materials to provide detailed guidance to support effective professional relationships between the department, Ministers and their advisers. These processes and materials should be reviewed regularly to ensure they are maintained and evaluated.
A professional working relationship with the Minister and their office requires the Secretary and the department to be aware of the Minister’s priorities relating to their responsibilities as members of Parliament. This includes awareness of the timing of Parliamentary sitting days and business, and other timing requirements for electorate-related activities.
A trusting relationship must be built on:
A trusting relationship with the Minister is supported by a trusting relationship with their advisers. In Victoria, advisers are appointed by the Premier to work in a ministerial office. They provide advice on policy, political and other issues. The main adviser a Secretary will interact with in practice is the Minister’s Chief of Staff.
Keeping advisers informed will assist a Secretary in supporting their Ministers, as advisers will be aware of what information the Minister wants and how to best support them. Working closely with advisers therefore allows a Secretary to be responsive to the Minister’s needs.
Secretaries should always remember that they work to support the Minister rather than their advisers. They should also bear in mind that:
These factors may be a useful basis upon which to discuss an agreed protocol for communications and engagement between the Secretary and the Minister’s office.
An adviser may sometimes request that a brief be amended before submitting it for the Minister’s consideration. It is important to provide the Minister with:
Noting that the Secretary is ultimately responsible and accountable for the contents of a brief, the Secretary may consider it appropriate to include additional information in a brief at the request of an adviser to ensure it meets the Minister’s needs. However, a Secretary should not amend a brief if the final product no longer represents the impartial, considered advice and expertise of the department. This is equally true of requests made by the Minister personally. To promote transparency and accountability, a brief should reflect where it includes new information at the request of an adviser.
To maintain an effective and trusting relationship with the Minister’s office, a Secretary should:
A trusting relationship is built on the understanding and respect for the different roles of the Minister’s office and the department. One is there to serve the Minister’s priorities and needs and provide advice on political considerations; the other is there to provide independent policy advice and deliver the Government’s policy priorities and programs.
Further information about the role of Minister’s advisers is outlined in Serving Government: A Guide to the Victorian Public Sector for Ministerial Advisers.
A key requirement in the provision of frank and impartial public service advice is that it is documented. This provides clarity:
Clarity in responsibility, accountability and decision-making is a fundamental component of advising the Minister. The need to keep full and accurate records is also a requirement under the Public Records Act 1973 (Vic).
Departments benefit from creating work systems which embed as routine the documentation of key decisions, discussions and advice. This should include use of departmental liaison officers, assistants or advisers who focus on departmental processes and documentation as a priority in their role.
Informed by this guidance, Secretaries and senior executives can demonstrate leadership to departmental staff by documenting:
This may be informed by the Minister’s expectations about the service they expect in meeting their requests for advice and information. This documentation can then be distributed amongst departmental staff.