McKinnon is working to achieve its vision that the Statement of Public Interest (SPI) creates pressure and accountability for rigorous and transparent legislative policymaking processes, which in turn results in better outcomes for citizens.

This research report, developed by McKinnon, in collaboration with independent think tanks Blueprint Institute and Per Capita, demonstrates that many SPIs tabled in NSW Parliament are not of a high enough quality to delivery on the objectives of the SPI – to resource members of the Legislative Council to support informed decision making on proposed bills and to demonstrate sound policymaking.

The research found that 1 in 4 government SPIs sampled did not include the necessary information to demonstrate the quality of policymaking processes behind the bill, not necessarily because these practices weren’t in use, but rather that the quality of analysis and evidence provided in the SPI was insufficient.

Key lessons:

• The SPI is regarded by parliamentarians as a valuable policymaking accountability mechanism, but utilisation in the Legislative Council is low

• The usefulness of the SPI is limited because it only applies to government bills in the Legislative Council, and not the Legislative Assembly

• The quality of SPIs tabled in the NSW Legislative Council are not always sufficient to fulfil the stated objectives of the SPI to inform decision making and demonstrate sound policy making

• There are limitations to the wording of SPI questions that affects the usefulness of the information provided

• There is a need to enhance the accessibility and awareness of the SPI to improve the transparency of policymaking for public audiences.

Recommendations:

1. The NSW Legislative Council Procedure Committee reviews the operation of the SPI in the Legislative Council on a regular basis to ensure compliance and quality, and support enhanced utilisation by members of parliament

2. The NSW Legislative Assembly adopts the SPI requirement for government bills in its standing orders

3. Develop comprehensive guidelines to support those developing SPIs, including updating the Template Statement of Public Interest and Example Statement of Public Interest included in the Premiers Memorandum (M2022-23)

4. The NSW Government focus its efforts to improve the consistency and quality of SPIs as part of their ongoing commitment to supporting high quality policymaking practices and informed political debate

5. Refine and update SPI questions to address identified problem areas and gaps

6. Support greater accessibility and awareness of the SPI

The SPI, if used correctly, is a valuable mechanism for supporting high quality, transparent and evidence based legislative policymaking that is in the public interest. McKinnon will advocate and work collaboratively with the NSW Parliament and NSW Public Service to implement these recommendations across 2025.