Infrastructure and Transport Ministers' Meeting Operating Guidelines May 2021
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Infrastructure and Transport Ministers’ Meeting
Operating Guidelines
May 2021
1
Version Major Changes
0.1 Initial draft
0.2 Draft including jurisdiction changes
2Contents
Operating Guidelines ..................................................................................................................................... 4
Aim of these Operating Guidelines ............................................................................................................ 4
Guidelines for Intergovernmental Meetings ............................................................................................. 4
Review of ITMM ......................................................................................................................................... 4
Infrastructure and Transport Ministers’ Meeting .......................................................................................... 5
Priorities................................................................................................................................................. 5
Legislation .................................................................................................................................................. 5
Intergovernmental Agreements ................................................................................................................ 5
Governance arrangements ........................................................................................................................ 6
Governance model ................................................................................................................................ 6
Membership and participation in meetings .......................................................................................... 6
Chairing arrangements .......................................................................................................................... 6
Decision making ..................................................................................................................................... 7
Budget and cost sharing arrangements ................................................................................................. 7
Meeting procedures................................................................................................................................... 8
Convening and frequency of meetings .................................................................................................. 8
Agenda setting ....................................................................................................................................... 8
Supporting good decision making ......................................................................................................... 8
Infrastructure and Transport Senior Officials’ Committee .......................................................................... 10
Governance arrangements ...................................................................................................................... 10
Objectives ............................................................................................................................................ 10
Membership and participation in meetings ........................................................................................ 10
Non-ongoing working groups .............................................................................................................. 11
Decision making ................................................................................................................................... 11
ITSOC meeting procedures ...................................................................................................................... 11
Convening and frequency of meetings ................................................................................................ 11
ITSOC Deputies’ group ......................................................................................................................... 11
Agenda setting ..................................................................................................................................... 11
Consideration of issues and submission of papers .............................................................................. 11
ATTACHMENTS ............................................................................................................................................. 13
Infrastructure and Transport Ministers’ Meeting: 2021-22 Terms of Reference ........................................ 13
Decision making protocol including voting .................................................................................................. 17
Decision making ....................................................................................................................................... 17
Voting ....................................................................................................................................................... 17
Step by step voting process ................................................................................................................. 17
Voting rules .......................................................................................................................................... 18
Voting arrangements for national laws ............................................................................................... 18
Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal
Transport voting .................................................................................................................................. 18
Definitions and interpretation ................................................................................................................. 19
Preparation requirements for ITMM and ITSOC, including timing .............................................................. 20
ITMM meetings:................................................................................................................................... 20
ITSOC meetings .................................................................................................................................... 20
Template: Infrastructure and Transport Ministers’ Meeting agenda item request .................................... 22
Criteria for ITMM consideration .............................................................................................................. 22
Item consideration methods.................................................................................................................... 22
Infrastructure and Transport Senior Officials’ Committee: 2021-22 Terms of Reference........................... 23
3Operating Guidelines
These Operating Guidelines set out the administrative and operational arrangements for the
Infrastructure and Transport Ministers’ Meeting (‘ITMM’) and its supporting senior officials’ group,
the Infrastructure and Transport Senior Officials’ Committee (‘ITSOC’). They supersede the Transport
Infrastructure Council Operating Guidelines of April 2019, following the dissolution of the Council of
Australian Governments (COAG) in May 2020.
As part of the establishment of new intergovernmental arrangements, a review was undertaken of the
former COAG ministerial councils and forums with the view to rationalising, resetting and refreshing
their programs of work. This review (the Conran Review) made a series of recommendations that
included reducing the number of ministerial forums and ensuring that those that remain are more
agile and responsive, with direct responsibility for decision-making resting with Ministers. This has
resulted in the former Transport and Infrastructure Council being retained and known as the
Infrastructure and Transport Ministers meeting (ITMM), which was established in the second half of
2020.
The Operating Guidelines were endorsed by ITMM on 28 May 2021 and are intended to be a living
document to be reviewed and updated as and when required.
Aim of these Operating Guidelines
These Operating Guidelines provide the operating framework through which ITMM and ITSOC operate
to deliver the ITMM reform priorities and 12 month ITMM work plan. This includes governance
arrangements, meeting procedures, jurisdictional consultation and collaboration. This includes
strategic discussions and making decisions through clearly defined roles and responsibilities and
appropriate pathways to enable formal consideration of issues.
Guidelines for Intergovernmental Meetings
The Conran Review on Effective Commonwealth-State Relations provides guidance on the structure,
operations and expectations of intergovernmental meetings. These Operating Guidelines are
complementary to the Guidelines for Intergovernmental Meetings found here.
In June 2020, National Cabinet announced six initial priority areas of reform and the formation of six
National Cabinet Reform Committees, one being for Infrastructure and Transport, refer to Australian
Federal Relations Architecture.
As per the Guidance on Intergovernmental Meetings, there is no direct link between the
Reform Committee and ITMM unless ITMM is directly tasked by National Cabinet. Reform Committees
have been established to support job creation and COVID-19 recovery. Ministers Meetings exist to
progress non-NCRC priorities outside of National Cabinet.
Ministers’ meetings will engage with the Council on Federal Financial Relations (CFFR) with respect to
the development and negotiation of new funding agreements.
Review of ITMM
The National Cabinet through the First Secretaries’ Group will review regular ongoing Ministers’
Meetings every two years. This will ensure that Ministers’ Meetings remain essential and reflect
national priorities. The Chair of ITMM is required to submit a one-page summary to National Cabinet
through the First Secretaries Group in early 2023 (first two yearly review) setting out:
- The top three priorities for the upcoming year with specific delivery timeframes.
- The achievements of the Ministers’ Meeting for the previous two years.
The First Secretaries’ Group will provide recommendations to National Cabinet on the continuation of
Ministers’ Meetings.
4Infrastructure and Transport Ministers’ Meeting
The Infrastructure and Transport Ministers’ Meeting (ITMM) brings together Commonwealth, state,
territory and New Zealand ministers with responsibility for transport and infrastructure, as well as the
Australian Local Government Association. ITMM is supported by the Infrastructure and Transport
Senior Officials’ Committee (ITSOC).
This section outlines the purpose of ITMM, priorities, the legislation and intergovernmental
agreements that ITMM has responsibility for, as well as the governance arrangements.
The purpose of ITMM is to:
- Consider and develop responses to emerging issues in transport and infrastructure.
- Support an internationally competitive transport and infrastructure industry.
- Pursue further opportunities for national consistency in regulatory and policy frameworks to
improve safety, reduce costs and improve the operation of infrastructure and transport.
- Deliver on responsibilities under legislation, national agreements, national partnerships and
other governance arrangements.
A copy of the ITMM Terms of Reference is at Attachment A.
Priorities
Ministers will outline the priorities for ITMM through a 12 month work plan and should deal with
matters that are of significance or require national agreement, see Attachment B. All items should
have defined timeframes for resolution. All items will be concluded or reviewed at 12 months (e.g.
early 2022 for the current work plan), to consider whether they should be removed from or retained
on the work plan.
Legislation
ITMM has responsibilities under the following legislation:
National Transport Commission Act 2003
Heavy Vehicle National Law Act (various)
Rail Safety National Law Act 2012
Maritime Safety (Domestic Commercial Vessel) National Law Act 2012.
Infrastructure and transport ministers also work collaboratively to develop and implement a range of
delegated legislation including:
Australian Light Vehicle Standards Rules
Australian Defence Force Road Transport Exemption Framework
Australian Dangerous Goods Code
Australian Road Rules.
Intergovernmental Agreements
There are a number of intergovernmental agreements in place, drawing together the Commonwealth,
states and territories to address infrastructure and transport related matters. The current list of
intergovernmental agreements include:
Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and
Intermodal Transport.
Intergovernmental Agreement on Heavy Vehicle Regulatory Reform.
Intergovernmental Agreement on Rail Safety Regulation and Investigation Reform.
5Governance arrangements
Governance model
ITMM brings together Commonwealth, state, territory and New Zealand ministers with responsibility
for transport and infrastructure issues, as well as the Australian Local Government Association to
deliver ITMM’s work plan. ITMM is supported by ITSOC. The National Transport Commission (NTC)
supports ITMM as an expert adviser on reform development implementation and evaluation including
maintaining and negotiating model law and undertakes research tasked by ITMM to support model
law reform and broader strategy transport policy. ITMM also has oversight of the work of a number of
national regulatory advisory and standard setting bodies and draws on experts where specialist
knowledge or expertise is required to support specific discussions (for more information see the
information under the heading Participation of National infrastructure and transport bodies and
organisations below).
A diagram showing the governance model for ITMM is at Attachment C.
Membership and participation in meetings
Ministers’ Meetings comprise of Ministers from the Commonwealth, states and territories with
portfolio responsibility for infrastructure and transport. New Zealand and the Australian Local
Government Association (ALGA) should be represented however do not get a vote. Wherever possible
all members are to be represented at a meeting and where there are multiple relevant ministers, the
relevant ministerial representative depending on the work program of the meeting.
As per the Guidance on Intergovernmental Meetings, ministers are to have a maximum of two officials
(including one adviser where necessary) supporting them in meetings, to allow for open discussions.
Other officials may participate where there is a need to support ministers on specific agenda items.
Jurisdictions in caretaker should be guided by their caretaker conventions/guidelines. A jurisdiction
can be represented by the relevant Departmental Secretary instead of the Minister. The Secretary can
observe the meeting but is unable to participate in votes. They may give an indication of their
jurisdiction’s likely position on a particular issue if there is bipartisan support on the matter.
Except where a jurisdiction is in caretaker, to ensure abstention by a jurisdiction from a decision-
making process is intentional, a jurisdiction will notify the secretariat of this intention, where possible
in advance, and ensure that the abstention is recorded in the minutes of the meeting, or as part of the
record of decision for an out-of-session process.
Chairing arrangements
As outlined in the Guidance on Intergovernmental Meetings, unless otherwise decided by consensus
between members, a Commonwealth minister will chair meetings, as well as representing the
Commonwealth’s position in discussions and decision making.
The Chair has a strategic role to play in ensuring the Ministers’ Meeting operates effectively and
collaboratively to deliver outcomes requiring joint action by Commonwealth, state, and territory
governments.
The Chair’s responsibilities are to:
have a thorough understanding of the meeting agenda and maintain a focus on achieving
outcomes
ensure all agenda items are discussed within the allocated time
encourage full participation by all members
ensure contentious issues are debated in a professional manner and mediate when conflict
arises
facilitate decisions by consensus where possible.
6The Chair should not deny any reasonable request by ministers to include an item on the agenda,
refer to Attachment G which sets out how agenda items shall be progressed.
Participation of National infrastructure and transport bodies and organisations
ITMM’s work plan is delivered with support from the NTC. The NTC will participate in ITSOC and ITMM
meetings as an expert adviser.
The national infrastructure and transport bodies listed below may be asked to prepare papers for
ITSOC and ITMM consideration and be asked to attend ITMM for relevant items:
- National Heavy Vehicle Regulator (NHVR)
- Office of the National Rail Safety Regulator (ONRSR)
- Austroads (including Transport Certification Australia (TCA)
- Australian Maritime Safety Authority (AMSA)
- Australian Transport Safety Bureau (ATSB).
The following infrastructure and transport organisations may be invited to ITSOC and ITMM for
relevant discussions:
- Infrastructure Australia (IA)
- Rail Industry Safety Standards Board (RISSB)
- Australian Road Research Board (ARRB).
Meeting observers
There should be no observers at meetings other than those advisers and officials attending with
infrastructure and transport ministers, unless invited to attend for a specific agenda item.
Industry Consultation
Senior officials will engage with industry representatives on behalf of ITMM to ensure ministers have
access to high level advice from industry about the items they are considering. Refer to the ITSOC
section for further information.
Infrastructure and Transport Secretariat
Both ITMM and ITSOC are supported by a secretariat that sits within the Commonwealth department
responsible for infrastructure and transport.
Decision making
Where possible, decisions should be by consensus, noting that some decision-making and voting
arrangements are set out in legislation. Each jurisdiction has a single vote.
Where consensus or resolution cannot be reached on an agenda item in the established timeframe,
ITMM may delegate the issue to ITSOC for further discussion between jurisdictions and then to return
to ITMM.
The ITMM decision making Protocol (‘Protocol’) at Attachment D outlines the requirements for
decision making on the range of measures considered by ITMM. This document summarises relevant
legislation and intergovernmental agreements.
Budget and cost sharing arrangements
Where ITMM agrees to projects with associated costs, funding will be provided by either the lead
jurisdiction or by all jurisdictions according to the funding model established at Attachment A in the
Intergovernmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal
Transport or as agreed by ITMM.
7Meeting procedures
Convening and frequency of meetings
ITMM will be held twice per year around May and November where possible and ad hoc meetings can
be arranged to resolve any urgent issue. Meetings should avoid Parliamentary sitting days for all
jurisdictions where possible. The secretariat will work with jurisdictions to settle dates as far in
advance as possible.
If meetings are held in-person, the costs associated with the meeting will be covered by the host
jurisdiction.
Agenda setting
Ministers are to drive the agenda with a focus on a few strategic priorities that are significant national
issues with the agenda aligning clearly with the 12 month work plan. As outlined in the Guidance on
Intergovernmental Meetings, agendas should align with the following objectives:
to enable national cooperation and consistency on enduring strategic issues
to address issues requiring cross-border collaboration
to perform regulatory policy and standard setting functions.
A draft agenda is circulated 8 weeks prior to a meeting by the secretariat, following a review of
comebacks and any suggestions from jurisdictions and national infrastructure and transport bodies.
Senior officials are to consult Ministers on the draft agenda with feedback to be provided to the
secretariat.
The agenda for each meeting is formally adopted as part of the meeting opening process to ensure all
members have an opportunity to raise issues for discussion.
All agendas will allow space for Ministers to raise ‘hot topic’ issues for discussion that do not require a
decision.
National infrastructure and transport bodies are to keep the secretariat informed of items they have
identified as requiring a decision by ministers.
The secretariat also maintains a rolling strategic agenda for ITMM based on proposals from
jurisdictions.
Supporting good decision making
As a general rule, issues to be considered by ITMM must meet one of the following criteria and be
accompanied by a supporting paper:
Supports the ITMM 12 month work program.
Ministerial approval is required (e.g. due to legislative requirements).
Has been requested by ITMM as a comeback.
As noted above, Ministers can raise ‘hot topic’ issues for initial discussion without a paper, however
issues that require a decision must be supported by a paper at a future meeting. This is to ensure that
there is adequate time for Ministers to seek a mandate for ITMM decisions through their respective
Cabinets should they wish to.
Items are considered by ITMM either as an:
‘Agenda item’ if discussion is required or expected.
‘Item for endorsement’ by vote which is circulated four weeks before a meeting and votes are
due one week before the meeting.
o If no concerns raised prior to or at the meeting, the item will be taken as agreed by
ministers.
8o If an item for endorsement is not agreed by vote, it will be listed for discussion at the
meeting.
There are two out of session options for items requiring urgent ministerial approval:
(i) A meeting for those items that require discussion.
(ii) A vote through correspondence for those items that are non-controversial and are not
expected to require discussion.
If the issue does not meet the criteria for ITMM consideration and is non-controversial it can be
managed through ITSOC. A diagram can be found at Attachment F which explains the ITMM items for
consideration/agenda setting process.
If seeking to add an item to the ITMM agenda, the template at Attachment G should be completed
and provided to CouncilSecretariat@infrastructure.gov.au who will then provide advice on the
relevant consideration method.
Templates
Templates for meeting documents are maintained by the secretariat and are available on GovTeams
and upon request at CouncilSecretariat@infrastructure.gov.au.
Regulation Impact Statements
Ministers’ Meetings are required to address the Office of Best Practice Regulation’s (OBPR) Regulatory
Impact Assessment Requirements, available at www.pmc.gov.au/regulation. The OBPR provide
streamlined requirements that apply to Ministers’ Meetings.
Access to agenda papers
Agenda papers and other meeting documents are circulated to members and senior officials, and
national infrastructure and transport bodies as required.
Decisions
As per the Guidance on Intergovernmental Meetings, the outcomes from each ITMM will be
communicated through a communiqué from the meeting Chair. The secretariat in consultation with
state and territory officials will prepare the communiqué and seek clearance through all ITMM
members.
Records of meetings
The secretariat will prepare draft meeting outcomes, records of decisions, comebacks, attendance
and agreed actions. These will be circulated to members and senior officials within 10 working days of
the meeting for comment within the following 15 working days. Members (or senior officials on behalf
of members) may provide comments or suggest changes to the outcomes within this period. The
outcomes are not circulated in their entirety beyond members and senior officials. Where a national
infrastructure or transport body has provided a paper for consideration by ITMM, it will receive a copy
of the relevant extract from the outcomes.
Non-contentious amendments will be settled at the senior officials’ level. The Chair shall be
responsible for accepting or rejecting amendments where agreement cannot be reached. The Chair
may resolve such disagreements in consultation with the relevant Ministers.
9Infrastructure and Transport Senior Officials’ Committee
Governance arrangements
Objectives
The primary objective of the Infrastructure and Transport Senior Officials’ Committee (ITSOC) is to
support the Infrastructure and Transport Ministers’ Meeting (ITMM) in achieving its priorities and
provides a forum for senior officials to smooth the way for ministerial agreement, negotiate through
contentious issues before Ministerial consideration and provide operational advice on the
implementation of Ministerial decisions.
ITSOC has the following Memorandums of Understanding:
Austroads
o In March 2013, Austroads and ITSOC signed a Memorandum of Understanding to
implement a close collaborative relationship for delivering national reform projects.
Rail Industry Safety and Standards Board
o In October 2018, the Rail Industry Safety and Standards Board (RISSB) and ITSOC
signed a Memorandum of Understanding which:
sets out a framework for continued co-operation between RISSB and ITSOC to
progress rail operational and safety reform and promote harmonisation and
interoperability of rail standard
outlines arrangements for the provision of government funding and RISSB’s
obligations to ITSOC, as a recipient of government funding in relation to its
product prioritisation, delivery and promotion of the Australian Code of
Practice and other products published by RISSB.
A copy of the ITSOC Terms of Reference are at Attachment G.
Membership and participation in meetings
The membership of ITSOC consists of Secretaries from each jurisdiction with portfolio responsibility
for transport and infrastructure issues. There may also be a single representative from New Zealand
and the Australian Local Government Association noting that they do not get to vote.
National infrastructure and transport bodies also attend unless asked not to.
Members (including the Chair) should make every effort to attend meetings however may nominate a
proxy official of appropriate seniority to attend on their behalf if they are unable to attend a meeting.
Members may be supported by departmental/agency officials. Guests and experts can be invited to
ITSOC and should only attend for relevant agenda items.
The secretariat must be advised in writing of any proxy and/or supporting department officials before a
meeting.
Meeting observers
There should be no observers at meetings other than those invited to attend with members unless
invited to attend for a specific agenda item.
Industry Consultation
Senior officials will engage with industry representatives on behalf of ITMM to ensure ministers have
access to high level advice from industry about the items they are considering. This will generally
occur around the time of their biannual meeting.
Chairing arrangements
As outlined in the Guidance on Intergovernmental Meetings, unless otherwise decided by consensus
between meeting members, the Commonwealth Secretary will chair meetings, as well as representing
the Commonwealth’s position in discussions and decision making.
10The Chair has a strategic role to play in ensuring ITSOC operates effectively and collaboratively to
deliver outcomes requiring joint action by Commonwealth, state, and territory governments.
The Chair’s responsibilities are to:
have a thorough understanding of the meeting agenda and maintain a focus on achieving
outcomes
ensure all agenda items are discussed within the allocated time
encourage full participation by all members
ensure contentious issues are debated in a professional manner and mediate when conflict
arises
facilitate decision-making by consensus where possible.
Non-ongoing working groups
ITSOC may form working groups to investigate particular matters or to lead particular pieces of work
for later consideration by ITMM. Working groups are to be non-ongoing and connected to the ITMM
priorities outlined in its work plan. Working groups do not have any formal reporting lines to ITMM.
Decision making
Senior Officials can make decisions where ministerial consideration is deemed not necessary. If the
issue does not meet the criteria for ITMM consideration and is non-controversial e.g. routine or
technical, it can be managed through ITSOC. If agreement cannot be reached through ITSOC, the issue
can be referred to ITMM.
Where a member does not support an item, the member jurisdiction should explain its reasons to
other members.
ITSOC meeting procedures
Convening and frequency of meetings
ITSOC will generally meet six to eight weeks ahead of ITMM to endorse papers for ministerial
consideration. ITSOC may also meet on an ad hoc basis to action other issues including those
delegated by ITMM.
ITSOC Deputies’ group
ITSOC is supported by a Deputies’ group. The primary objective of the Deputies’ group is to support
and advise ITSOC. The Deputies’ group have a key role in supporting progress towards ministerial
decisions and post-decision implementation. The Deputies’ group facilitates discussion of issues prior
to ITSOC and ITMM meetings to identify any issues and recommend handling strategies prior to
officials or ministers’ consideration.
Attachment E sets out information on the preparation requirements for ITSOC and ITMM including
timing.
Agenda setting
Agendas are to reflect the priorities of ITMM. Agendas for each meeting shall be prepared by the
secretariat and circulated to jurisdictions for comment prior to a meeting occurring.
Consideration of issues and submission of papers
Papers going to ITMM are generally considered by ITSOC first, however some papers will be for ITSOC
consideration only. For urgent issues, an ad hoc meeting can be arranged.
Templates
Templates for meeting documents are maintained by the secretariat and are available on GovTeams
and upon request at CouncilSecretariat@infrastructure.gov.au.
11Access to agenda papers and decisions
Agenda papers and other meeting documents are circulated to members and external bodies, as
required.
Records of meetings
The secretariat will prepare meeting outcomes for each meeting including records of decisions,
comebacks, attendance and agreed actions. These will be circulated to members within 10 working
days of the meeting for comment within the following 15 working days. Members may provide
comments or suggest changes to the minutes within this period. The meeting outcomes are not
circulated in its entirety beyond members. Where a National infrastructure or transport body has
provided a paper for consideration by ITSOC, they will receive a copy of the relevant extract from the
outcomes.
Non-contentious amendments to the outcomes will be settled at the senior officials’ level. The Chair
shall be responsible for accepting or rejecting amendments where agreement cannot be reached. The
Chair may resolve such disagreements in consultation with relevant senior officials.
12ATTACHMENTS
Attachment A
Infrastructure and Transport Ministers’ Meeting: 2021-22 Terms of
Reference
The Infrastructure and Transport Ministers’ Meeting (ITMM) provides a forum for
Purpose
national cooperation on infrastructure and transport.
ITMM:
Considers and develops responses to emerging issues in transport and
infrastructure.
Supports an internationally competitive transport and infrastructure
industry.
Pursues further opportunities for national consistency in regulatory and
policy frameworks to improve safety, reduce costs and improve the
operation of infrastructure and transport.
Delivers on responsibilities under legislation, national agreements,
national partnerships and other governance arrangements.
ITMM collaboratively progresses items of national strategic importance to
achieve agreed objectives and priorities.
The Australian Government is the permanent Chair of ITMM.
Chair
The Chair ensures that the meeting operates effectively and collaboratively to
deliver outcomes requiring joint action by the Commonwealth, state and
territory governments.
The Chair’s responsibilities are to:
have a thorough understanding of the meeting agenda and a focus on
achieving outcomes
ensure all agenda items are discussed within the allocated time
encourage full participation of all members
ensure contentious issues are debated in a professional manner and
mediate when conflict arises
facilitate decision-making by consensus where possible.
The Chair will not deny any reasonable request by ministers to include an item on
the agenda.
ITMM consists of portfolio ministers with responsibility for infrastructure and
Membership
transport from the Commonwealth and each state and territory.
The Chair may invite other Ministers or representatives from other agencies to
participate in specific meetings or discussions, as appropriate.
Guests and experts should only attend meetings for relevant agenda items.
Members may nominate a proxy parliamentary colleague to attend on their
behalf if they are unable to attend a meeting.
Ministers are supported at meetings by a maximum of one official, and where
appropriate, one advisor.
New Zealand and the Australian Local Government Association (ALGA) should be
involved in ITMM where they add value to all parties and the item under
discussion. The Chair may invite representatives from New Zealand and ALGA to
meetings as required.
13All items should have defined timeframes for when they should be resolved. All
Strategic
items will be concluded or reviewed at 12 months to consider whether they
priorities and
should be removed from ‘or retained on the work program.
work program
Routine, non-controversial or technical matters should be delegated to the
Infrastructure and Transport Senior Officials’ Committee or progressed out of
session.
ITMM resolves issues in its portfolio and does not have a reporting line to
Design and
National Cabinet or the National Federation Reform Council, unless directly
operations
tasked by either of these bodies.
Ministers set, control and review the agenda for ITMM and not delegate these
responsibilities to officials.
ITMM may be held virtually to allow for shorter, targeted discussions and more
frequent meetings to progress strategic items.
Where possible, decisions should be consensus based, noting that some decision-
making and voting arrangements are set out in legislation. Each jurisdiction has a
single vote. New Zealand and ALGA do not vote on amendments to national laws.
If a jurisdiction abstains from voting on an item related to national law reform,
the item will progress without application to that jurisdiction.
Key decisions and outcomes may be communicated by the Chair through a press
release or communique, as required to convey key decisions.
To ensure the intergovernmental system remains focussed on key priorities, the
Sunset clause
National Cabinet, through the First Secretaries Group will review ongoing
Ministers’ Meetings every two years.
This will ensure they remain essential and reflect national priorities.
The Chair of ITMM is required to submit a one-page summary to National
Cabinet, through the First Secretaries Group in late 2022 or early 2023 setting out
the:
top three priorities for the upcoming year with specific delivery
timeframes
achievements of the meeting for the previous years.
14Attachment B
1516
Attachment D
Decision making protocol including voting
Decision making
While national consistency is one of the primary goals of the Infrastructure and Transport Ministers’ Meeting
(ITMM), and many reforms require it, it will not always be possible for all issues at a given point in time. Not all
proposals will gain the endorsement of all jurisdictions including agreed timing for implementation across
different jurisdictions.
Where possible, decisions should be by consensus, noting that some decision-making arrangements are set
out in legislation.
Consensus occurs when those involved in decision-making reach agreement, or come to a common
understanding on an approach to a matter or a response to a situation, without any active opposition to the
course of action. If a jurisdiction chooses to abstain on an item for consensus, the recommendations of the
item can be considered endorsed, but the abstained jurisdiction will not be required to implement those
recommendations.
Where consensus or resolution cannot be reached on an agenda item in the established timeframe, ITMM may
delegate the issue to the Infrastructure and Transport Senior Official’s Committee (ITSOC) for further
discussion between jurisdictions and then to return to ITMM.
Voting
Each jurisdiction has a single vote. If a jurisdiction abstains from voting on an item related to national law
reform, the item will progress without application to that jurisdiction.
The mechanism for voting should be an in-session meeting unless there are extreme and urgent
circumstances.
(i) If a Minister will be absent from ITMM, they may authorise in writing an alternate person who,
for the purposes of that meeting, may vote on their behalf.
(ii) If a Minister will be absent from ITMM, they may submit a vote on the matter in writing to the
Chair for the purposes of that meeting.
(iii) At a meeting of ITMM, Ministers who do not vote in person or by written vote will be counted
as having voted to approve a recommendation.
In the event that circumstances require an out-of-session decision by ITMM, Ministers should submit a vote on
the matter in writing to the Chair by the deadline prescribed for that matter.
(i) A Minister who does not submit their vote by the deadline for the matter will be counted as
having voted to approve a recommendation.
If a Minister proposes not to support a recommendation relating to a model law or national law reform, they
must provide a statement of reasons for consideration by ITMM.
Step by step voting process
1. Papers will be put onto GovTeams for review and voting by jurisdictions using a voting form provided
by the secretariat. The secretariat will alert jurisdictions that new papers have been made available
with advice on voting and endorsement or opposition to the paper and reasons.
2. After the due date for voting, any amendments or consultation with states and territories may occur.
3. After all votes have been received, the secretariat will tally the votes and provide advice to officials on
the outcomes of the voting within five business days of the vote occurring.
4. Should an item receive:
a. Unanimous support:
17i. The item may will be recorded in the formal outcomes and any relevant
communications, implementation, review or design commence.
ii. The secretariat will add the item to the comeback register, if appropriate.
b. Not unanimous support:
i. The item will not pass and will not be enacted unless ITMM agrees on an alternative
management approach.
ii. The item will be referred back to the paper’s lead with comments and reasoning to
progress, as appropriate.
In exceptional circumstances, where previously outlined by previous agreements, including inter-
governmental agreements, the voting shall adhere to the process outlined in the relevant agreement.
Voting rules
The rules for voting include:
Every jurisdiction shall have one vote.
All voting shall be by consensus, unless otherwise stipulated by intergovernmental agreement or
otherwise (outlined below).
If a minister does not provide their vote by the prescribed deadline without previous advice on a delay
the vote will be recorded as an informal abstention.
If a minister does not support a paper, they shall outline their reasoning and, if applicable, any actions
that can be taken to overcome these issues.
Voting arrangements for national laws
Consensus agreement is required for all model and national laws. In order to achieve consensus on model
laws, the mechanism for voting for reforms covered by the Intergovernmental Agreement for Regulatory and
Operational Reform in Road, Rail and Intermodal Transport (National Transport Commission) should be in-
session at ITMM meetings unless there are extreme and urgent circumstances; and
If a jurisdiction proposes not to support a model law reform, it should provide a statement of reasons for
consideration by ITMM members.
The requirement for unanimous agreement in relation to the national heavy vehicle regulator and national rail
safety regulator reforms are set out in the Intergovernmental Agreement on Heavy Vehicle Regulatory Reform
and the Intergovernmental Agreement on Rail Safety Regulation and Investigation Reform (‘the land transport
regulator IGAs’). These IGAs expired in December 2013, necessitating an update of the NTC IGA voting
arrangements for the national and model law reforms for land transport.
Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal
Transport voting
Voting in regards to matters arising under the Intergovernmental Agreement for Regulatory and
Operational Reform in Road, Rail and Intermodal Transport us subject to the following voting rules:
Matter Majority Superseded NTC
required IGA clause
Model and national law reforms in: Rail Safety and Unanimous 9.5
Heavy Vehicles regulation.
Other model and national laws and national reforms. Unanimous 9.5
ITMM procedures about NTC matters. Unanimous 9.1
18Continuing voting requirements
Matter Majority Relevant NTC IGA
required Clause
Agreement to the NTC or a Minister putting forward a Simple 4.3
proposal to change the NTC’s funding arrangements.
Agreement to change the NTC’s funding arrangements. Unanimous 4.4
Agreement to a jurisdiction conferring a function or power Simple 5.3
on the NTC under its law.
Recommendation to the Minister to appoint or terminate Two-thirds 6.5
the appointment of an Ordinary Member of the NTC.
Consideration of matters relating to the Chair and Deputy Simple 6.5
Chair and other matters relating to ordinary members of
the NTC.
Agreement to road use charging principles. Two-thirds 9.5(b)
Delegation to a Minister of the Council’s functions Unanimous 9.5 (c)
and powers under the NTC Act.
Agreement by jurisdiction ministers responsible for areas Simple majority 9.6(a)(i) and 5.1(d)
of Australia in which the NTC has recommended differing (of the affected
rules apply to a proposed reform (except for road use ministers)
charging).
Amendment of the NTC IGA. Unanimous 22.2
Definitions and interpretation
References to national laws mean:
the Rail Safety National Law (South Australia) Act 2012 and its regulations and
the Heavy Vehicles National Law (Queensland) Act 2012 and its regulations.
References to model laws mean:
regulations under section 7 to the National Transport Commission (Commonwealth) Act 2003, setting
out model legislation or road transport legislation, as amended from time to time.
19Attachment E
Preparation requirements for ITMM and ITSOC, including timing
Ministers and senior officials are to be given sufficient time to consider proposed recommendations ahead of
Infrastructure and Transport Ministers’ Meetings (ITMM) and Infrastructure and Transport Senior Officials’
Meetings (ITSOC), noting that this may not always be possible for urgent issues.
It is expected that appropriate consultation will have been conducted during the preparation of
recommendations so that senior officials are able to sufficiently brief Ministers.
Timing guidance for ITMM and ITSOC is outlined below.
ITMM meetings:
ITMM will be held twice per year around May and November where possible and ad hoc meetings can be
arranged to resolve any urgent issue. The estimated timing in the lead up to meetings is as follows noting
there will need to be some flexibility when taking into consideration public holidays:
Timing Task
10 weeks prior Secretariat prepares a draft agenda based on comebacks and input agenda
based on standing items, comebacks and items required by legislation.
8 weeks prior Secretariat to distribute final agenda and templates.
5 weeks prior Jurisdictions to lodge all papers with the secretariat (usually 2-3 weeks
following the ITSOC meeting).
4 weeks prior Secretariat to distribute and upload papers on GovTeams.
1 week prior All votes to be lodged with Secretariat.
Day of meeting Communique prepared in consultation with jurisdictions and published.
Within 10 days after Secretariat to distribute meeting outcomes for comment.
Within 25 days after Secretariat finalises outcomes ready to be endorsed at the next meeting.
ITSOC meetings
ITSOC meetings should be held six to eight weeks before ITMM, likely to be in March and September ahead of
the May and November ITMM meetings noting there will need to be some flexibility when taking into
consideration public holidays:
Timing Task
8 weeks prior Secretariat prepares a draft agenda reflecting the priorities of ITMM and
circulated to jurisdictions for comment.
7 weeks prior Secretariat to distribute final agenda and templates.
4 weeks prior Jurisdictions to lodge final papers with secretariat.
3 weeks prior Secretariat to distribute and upload papers on GovTeams.
Within 10 days after Secretariat to distribute meeting outcomes for comment.
Within 25 days after Secretariat finalises outcomes ready to be endorsed at the next meeting.
2021
Attachment G
Template: Infrastructure and Transport Ministers’ Meeting agenda item
request
This template is to be used when requesting an agenda item for consideration/approval by the Infrastructure
and Transport Ministers’ Meeting (ITMM). You may also wish to refer to the diagram at Attachment D of the
Operating Protocols which explains the item consideration/agenda process.
Criteria for ITMM consideration
Does the issue meet one of the following criteria for ITMM consideration? Please circle Yes/No for each
criteria.
Supports the ITMM 12 month work plan? Yes/No
ITMM is required to approve by legislation? Yes/No
Has been requested by ITMM as a comeback? Yes/No
A minister has requested the issue be discussed at ITMM? Yes/No
For items delegated to ITSOC, where agreement cannot be reached? Yes/No
If the issue does not meet any of the required criteria:
- The issue can be managed through ITSOC. Please advise CouncilSecretariat@infrastructure.gov.au for
the item to be added to the next draft ITSOC agenda.
o If agreement cannot be reached through ITSOC, the issue may be referred to ITMM for
discussion.
If the issue does meet one or more of the criteria it can be referred to ITMM. Please complete the table below
and send through to CouncilSecretariat@infrastructure.gov.au.
Requester [please insert Commonwealth, name of jurisdiction or body]
Contact details [please insert name of contact and phone number]
Issue title [paper/presentation/oral update]
Issue explanation [provide a brief explanation of the issue]
Timing imperatives [provide information on the timing imperatives for the issue]
Preferred consideration [please refer to advice below on consideration methods and outlined
method the preferred consideration method]
Item consideration methods
- Adding the issue to a future meeting’s agenda as:
o ‘Agenda item’ if discussion is required.
o ‘Item for endorsement, if not controversial, for discussion by exception (if no concerns raised
prior to or at the meeting the item will be taken as endorsed).
o Urgent out of session consideration through correspondence (vote) and no discussion
expected to be required.
o Urgent out of session meeting if discussion expected to be required.
- If the issue cannot be agreed by ITMM, it can be referred to ITSOC for further discussion before
coming back to ITMM for further consideration.
22Attachment H
Infrastructure and Transport Senior Officials’ Committee: 2021-22 Terms of
Reference
The Infrastructure and Transport Senior Officials’ Committee (ITSOC) provides a forum for senior
Purpose
officials to ensure national, cross-jurisdiction cooperation on infrastructure and transport. ITSOC
considers and provides advice on strategic and operational matters on infrastructure and
transport to support governments to achieve agreed objectives and priorities.
ITSOC supports the Infrastructure and Transport Ministers’ Meeting. Other than in exceptional
circumstances, items that will progress to ITMM should first be considered by ITSOC.
The senior official from the Commonwealth agency with responsibility for infrastructure and
Chair
transport is the permanent Chair.
Meeting agendas will be cleared by the Chair. The Chair will not deny any reasonable request to
include an item on the agenda.
The Chair may nominate another member or Commonwealth departmental official as Acting Chair
for part, or all, of a meeting. An Acting Chair has all the powers of the Chair, except the power to
nominate an Acting Chair.
The Chair will:
have a thorough understanding of the meeting agenda and focus on achieving outcomes
ensure all agenda items are discussed in the allocated time
encourage full participation of all members
ensure contentious issues are debated in a professional manner and mediate when
conflict arises
facilitate decision-making by consensus wherever possible.
The membership of ITSOC consists of Secretaries from each jurisdiction with portfolio
Membership
responsibility for transport and infrastructure issues. There may also be a single representative
from New Zealand and the Australian Local Government Association noting that they do not get
to vote.
National infrastructure and transport bodies also attend unless asked not to.
Members (including the Chair) should make every effort to attend meetings however may
nominate a proxy official of appropriate seniority to attend on their behalf if they are unable to
attend a meeting. Members may be supported by departmental/agency officials. Guests and
experts can be invited to ITSOC and should only attend for relevant agenda items.
The secretariat must be advised in writing of any proxy and/or supporting department officials
before a meeting.
ITSOC may be tasked by ITMM or National Cabinet or its sub-committees. ITSOC may task
Authority
individual jurisdictions or the Commonwealth, or establish non-ongoing working groups, to
undertake work that aligns with its purpose.
The ITSOC is an advisory in nature and does not have specific delegations regarding infrastructure
and transport policy or programs at a Commonwealth or jurisdictional level.
Where a decision is required and consensus is not achievable, the decision may be put to a formal
vote. A quorum will consist of the Chair and at least fifty percent of ITSOC members (or their
nominated proxy at that meeting).
Secretariat services will be provided by the Commonwealth agency with responsibility for
Administration
infrastructure and transport. The secretariat will undertake a review process of the terms of
reference at least every two years, with any proposed changes endorsed by ITSOC.
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