Guide to Intergovernmental Agreements
Since its establishment in 1992, the Council of Australian Governments (COAG) has settled and signed a number of intergovernmental agreements. The agreements have signified the commitment of jurisdictions to implement decisions that have been either reached or confirmed by COAG. In many instances, agreements have been the precursor to the passage of legislation. Sometimes this has been Commonwealth legislation, while on other occasions joint Commonwealth and State and Territory legislation has been enacted.
Where COAG has directed Ministerial Councils to carry forward issues on its behalf, there is an expectation that any substantive decisions requiring legislation will be enshrined in intergovernmental agreements. This provides members of COAG with an opportunity to review and scrutinise these ministerial decisions before signing and entering into an agreement at head of government level.
There have been occasions when because of the nature of the issues and the urgency to have legislation in place (some examples being the legislation to restrict the use of human embryos for medical research purposes and handgun bans) the political compact forged at the relevant COAG meeting has not been consolidated through an intergovernmental agreement. However, it must be emphasised that this is the exception rather than the rule. COAG level agreements make clear that the outcomes have head of government support and have greater currency and force than ministerial reports and communiqué text which may not always contain detailed policy and/or operational matters.
There is no single template governing the form of an intergovernmental agreement, but typically agreements are composed of the following elements:
- recitals;
- definitions;
- objectives;
- institutional arrangements, if any;
- ministerial council(s) involvement and any voting arrangements;
- future legislative commitments, if any;
- financial arrangements, if appropriate;
- dispute resolution procedures;
- amendment or variation to the agreement provisions; and
- review provisions and/or a sunset clause, where appropriate.
Current Intergovernmental Agreements
- Intergovernmental Agreement on Federal Financial Relations
- Personal Property Securities IGA - RTF 52KB | PDF 137KB
- Management of Security Risks Associated with Chemicals IGA - RTF 244KB | PDF 77KB
- Food Regulation Agreement - RTF 264KB | PDF 43KB
- Gene Technology Agreement - RTF 264KB | PDF 51KB
- Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety - RTF 227KB | PDF 49KB
- Murray-Darling Basin Intergovernmental Agreement - RTF 451KB | PDF 233KB
- Intergovernmental Agreement on Surface Transport Security - 2005 - RTF 82KB | PDF 29KB
- Research Involving Human Embryos and Prohibition of Human Cloning Agreement - 2004 - HTML | RTF 65KB | PDF 86KB
- Memorandum of Understanding National Response to a Foot and Mouth Disease (FMD) Outbreak - 2002 - HTML | PDF 113KB
- Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations - 1999 - HTML | RTF 325KB | PDF 109KB
- Natural Gas Pipelines - 1997 - HTML
Tourism Collaboration Intergovernmental Arrangement (IGA) - 2005 (external website - industry.gov.au)
Corporations Agreement 2002 as Amended (external website - treasury.gov.au)
National Action Plan for Salinity and Water Quality - 2000 (external website - napswq.gov.au)