The Constitution of New South Wales provides for an Executive Council as the formal, official arm of government to give legal authority to such things as proclamations, regulations under the Acts authorised by Parliament, appointments to public office and commissions for officers of the police service. These are all said to have been done by the Governor-in-Council.

The Executive Council comprises the Governor and the New South Wales Cabinet Ministers. The Cabinet, consisting in New South Wales of all the Ministers, meets in secret to decide upon the policies and actions of the government. The Executive Council then acts on the advice of the Cabinet and gives formal expression to many of these actions. The Governor is President of the Executive Council, and always chairs the meetings if present and on most occasions the actual meetings consist of the Governor, the Governor's Official Secretary, and at least two Ministers.

The Governor of New South Wales does, however, have undefined "reserve powers" which can allow action without the advice of the Cabinet on exceptional occasions. For more on this see the Governor of New South Wales.