About Orders for Papers


Orders for papers

The Legislative Council has the power to order the production of state papers (documents) from the NSW Government, including government departments, statutory bodies and ministerial offices, and other independent agencies in New South Wales. The basis of this power is the common law principle that the Houses of Parliament possess such inherent powers as are reasonably necessary for their effective functioning.

A detailed explanation about the scrutiny functions of the Legislative Council and the powers of the House to order documents can be found in Chapter 19 of New South Wales Legislative Council Practice.

Browse

Information relating to each order and return is published online. This information includes the order, any request to vary the scope of the order, details of each return, disputes over publication status, and any related correspondence.

Orders for papers

The Legislative Council has the power to order the production of state papers by the Executive Government. Use the search and filter to browse the list of orders for papers.

Returns to orders

These are documents that are returned from the Government following an order for papers. An order for papers can have multiple returns to order, including correspondence, variations of scope of the order and reports from the Independent Legal Arbiter. Use the search and filter to browse the list of returns to orders.

Procedures

Any member of the Legislative Council may propose that the House agree to an order for papers. The proposed order must detail the scope of the papers (documents) sought, the departments or agencies to provide them, and the timeframe for their return. If the House agrees to the order, The Cabinet Office (on behalf of the NSW Government) or independent agency is advised of the order and coordinates the preparation of the return.

Returns to orders can range from a single document to hundreds of boxes of documents. The return will also include an index of all documents provided. The index notes key details for each document, and their publication status. The returned documents could be public documents, documents subject to a claim of privilege, or documents subject to a claim of personal information. Privileged and personal information documents may only be viewed by members of the Legislative Council, while public documents can be accessed by anyone.

Members may dispute claims of privilege or personal information which prevent documents being published and publicly accessible. Disputes are evaluated by an Independent Legal Arbiter, who provides a view to the Legislative Council. The House may consider the view of the Arbiter, but makes the ultimate decision regarding the publication of any document returned to an order for papers.

The rules for orders and returns are found primarily in standing order 52 of the Standing Rules and Orders of the Legislative Council. Orders for papers are often referred to as 'SO52s' in reference to this standing order.

Further details on how the orders and returns process operates is published in Chapter 9 of the Annotated Standing Orders of the New South Wales Legislative Council.

Viewing a return to order

Public documents can only be viewed in person in the Legislative Council’s Procedure Office, at the NSW Parliament.

Office hours and bookings

The Procedure Office is open from 9.00 am to 4.45 pm each business day. Please contact the office on 9230 2655 or via email at LC.ReturnstoOrder@parliament.nsw.gov.au to make an appointment to view documents.

Before making a booking

Before making a booking, it is useful to know which return you would like to view, including the date on which documents were returned to the House. Information about returns is published online. This includes indexed lists of documents in a text-searchable PDF.

Before viewing documents

Before viewing documents, visitors are required to sign a register to indicate that they agree to abide by certain rules such as exercising due care when viewing documents, abiding by Parliament's Security Policy, and refraining from eating or drinking in the Reading Room.

Contact details

Phone: 9230 2655
Email: LC.ReturnstoOrder@parliament.nsw.gov.au 

Orders for papers glossary

The rules for orders and returns are complex and involve many procedural processes and terms. To assist navigating the documents published online, key terms are explained in the glossary below.

Order for papers

A direction by the Legislative Council to the NSW Government, or an independent entity, requiring certain documents (state papers) to be returned the House.

Variation of scope

A request from an agency to change an aspect of an order for papers. The request may seek to vary the due date for the return, or the scope of the documents ordered (for example, if the terms of the order capture a large volume of irrelevant documents). The member who ordered the documents may accept or decline the request, which is considered by the House at its next meeting. Details of variations are published online under the document category "Report under standing order".

Index

A list of all documents provided in the return to the order. This list includes a description of each document, and its date of creation, author and publication status. When a return to order is received, the index is published online as a searchable pdf, usually on the public return to order (RO).

Return to order (public) RO

Documents returned to an order for papers which are published (publicly accessible) and may therefore be viewed and copied by anyone.

Return to order (privileged) PRIV

Documents returned to an order for papers which are not published due to a claim of privilege. Claims of privilege may be made over documents to protect confidential information which is not in the public interest to be published, such as legal advice, private information or information which is commercially sensitive. Privileged documents may only be viewed by members of the Legislative Council.

Return to order (privileged) PI

Documents returned to an order for papers which are not published due to a claim that they contain personal information which should not be made public. Standing order 52 lists examples of types of personal information, including private email addresses, home addresses, and bank account details. Personal information documents may only be viewed by members of the Legislative Council.

Redaction of personal information

Documents returned with personal information redacted which are published (publicly accessible) and may therefore be viewed and copied by anyone. Redacted personal information documents are provided by agencies when requested by a member of the Legislative Council.

Other paper

Other correspondence relating to orders for papers that is published and publicly available online under the "Other paper" document category. Correspondence is usually communication between a member of the Legislative Council and an agency regarding an aspect of the order or return.

Reports of Independent Legal Arbiter

A report by an Independent Legal Arbiter evaluating the validity of a claim of privilege or personal information on documents returned to an order for papers, and expressing a view on the publication status of a document, or information it contains.

Tabling of privileged or personal information documents

Documents published and made publicly available by the House, following evaluation by an Independent Legal Arbiter. These documents may contain redactions of information considered privileged by the Independent Legal Arbiter, or redaction of personal information which should not be made public.

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