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20 system of 2019

Australia is a of six states which, together with The two self-governing , have their own Political theory recognises three powers of government— , , and . This the legislative power to make laws; the power to infosheet is about the or , carry out and enforce the laws; and the judicial power to usually called the Federal Government, interpret laws and to whether they apply in Government or . However, state individual cases. and governments are also based on the same The principle of the separation of powers is that, in principle of parliamentary government. to prevent oppressive government, the three powers of It is recommended that this infosheet be read with government should be held by separate bodies—the Infosheet No. 13 The and Infosheet No. 19 , Executive and —which can act as The House, government and . checks and balances on each other. With parliamentary government the legislative and executive functions overlap, as the members of the Executive Government—the Ministers—are drawn from the . However, in the Australian system there are still checks and balances between the Executive and Legislature—Ministers are subject to the scrutiny of other Members of the Parliament led by an officially recognised opposition. In addition, the Executive does not necessarily control both Houses of the Parliament (see below). The Australian Coat of Arms signifies the national unity of Infosheet No. 19 The House, government and opposition and is a sign of its and authority gives more detail on the relationship between the Parliament and the Executive Government. Parliamentary government The Constitution of Australia establishes the Federal The Parliament Government by providing for the Parliament, the The Constitution gives the legislative power of the Executive Government and the Judicature (more usually Commonwealth—the power to make laws—to the called the Judiciary)—sometimes referred to as the ‘three Parliament. arms of government’. However, some of the central The Parliament consists of the Queen, represented by the features of Australia’s system of government (described as -General, and two Houses—the House of parliamentary, or ) are not set Representatives and the . The Parliament passes down in the Constitution but are based on custom and legislation. Proposed laws have to be agreed to by both convention. Houses of Parliament to become . The two Houses Parliamentary government means that the Executive have powers, except that there are restrictions on Government from within the Parliament; the power of the Senate to introduce or directly amend responsible government means that the Executive some kinds of financial legislation. Infosheet No. 7 Government is responsible to the Parliament. This is the Making laws describes the parliamentary processes for the central feature of a Westminster- government passage of legislation. The Governor-General has a role in following the model—in contrast to the legislative process by assenting to Acts. See later in other systems of government where the Executive is quite this infosheet for more information about the role of the separate and not directly answerable to the Legislature— Governor-General. for , in the of America. The Parliament also authorises the Executive Government (often simply called the government or the Executive) to spend public money by agreeing to government proposals for expenditure and taxation, scrutinises the

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administrative actions of the government and serves as a Neither the Prime nor the are mentioned forum for the debate of public policy. in the Constitution—the framers of the Constitution took Another function of the Parliament under the Australian their existence for granted, as they did the various system is to provide from its membership the members of conventions of the of government the Executive Government. After a general election the inherited from the United Kingdom. political party (or of parties) with the support of a Table 1 below gives a comparison of the constitutional majority of members in the House of Representatives provisions and the actual practice according to the becomes the governing party and its leader becomes the conventions which have operated in Australia. Prime Minister. Composition of the Ministry The composition of the House also determines who will form the official opposition. The party (or coalition of Prime Minister parties) which has the most non-government Members in The Prime Minister is the head of the government. They the House of Representatives becomes the opposition achieve this position by being the elected leader of the party and its leader becomes the Leader of the party in government (in the case of a coalition Opposition. The opposition has the officially recognised government, the party). function, established by convention, of opposing the government. The opposition is an essential part of Cabinet Australia’s democratic system of government. This subject is discussed in more detail in Infosheet No. 19 The House, The Cabinet, consisting of senior Ministers presided over government and opposition. by the Prime Minister, is the government’s pre-eminent policy-making body. Major policy and legislative While the government has, by definition, the support of a proposals are decided by the Cabinet. The Prime Minister majority of Members in the House of Representatives, the selects Ministers for Cabinet positions. system of used for Senate elections gives greater opportunity to minority parties and independents, and the Ministers government often does not have majority support in the Senate. Ministers are selected by the Prime Minister. Legislation currently allows for up to 30 Ministers. About 20 or so The Executive Government senior Ministers administer the major departments and are, usually, members of Cabinet. Other Ministers are Constitutional provisions responsible for particular areas of administration within a major department, or be in charge of a small The Constitution states that the executive power of the department. Ministers are appointed from both Houses of Commonwealth is vested in the Queen and is exercisable Parliament, although most (about two thirds) are by the Governor-General as the Queen’s representative. Members of the House of Representatives. However, a realistic understanding of Australia’s Executive Government cannot be obtained from the Constitution Parliamentary Secretaries alone, and in fact a literal of the Constitution can be misleading. Up to 12 Members and Senators are appointed by the Prime Minister as Parliamentary Secretaries (also referred The Executive Government in practice to as Assistant Ministers) to assist or represent Ministers in In reality, the executive power is possessed by the Prime their administrative responsibilities. Minister and Cabinet (senior Ministers). Their power The role of the Governor-General derives: . constitutionally from their membership of the The Governor-General performs the ceremonial functions Federal Executive Council—see below—and of on behalf of the Queen. While Executive status as ‘advisers’ to the Governor-General Government powers are exercised by the Governor-General or in the Governor-General’s name, . politically, from the people at elections for the such actions are carried out as advised by the Prime House of Representatives Minister and Ministers. . from convention—that is, custom and tradition.

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Under the Constitution the Governor-General: The Federal Executive Council . appoints and dismisses Executive The Federal Executive Council is the constitutional . appoints and dismisses Ministers to administer mechanism for providing ministerial advice to the the public departments and agencies Governor-General. It is not a forum for policy debate or . appoints (the dismissal of judges can only deliberation and its proceedings are entirely formal. All be initiated by the Parliament) Ministers and Parliamentary Secretaries become members . is the commander in chief of the defence forces of the Executive Council. They receive the . decides when the Parliament meets (subject to ‘Honourable’. The Council’s full membership never meets. some constitutional requirements), and may In practice the minimum number of Ministers or prorogue (suspend) or dissolve it Parliamentary Secretaries (that is, two in addition to the person presiding) are rostered to attend. Meetings of the . issues for general elections Council are presided over by the Governor-General or a . initiates government expenditure by deputy appointed by the Governor-General (usually the recommending appropriations to the Parliament Minister with the title Vice President of the Executive . converts proposed laws to Acts of Parliament by Council). The matters dealt with at each meeting are assenting to legislation that has been passed by recommendations by Ministers, for the approval of the both Houses Governor-General in Council, that something be done— . may or propose amendments to any law for example, that a regulation be made, a be passed by the two Houses of Parliament. ratified, or a person be appointed to a position. The Governor-General also has executive powers under While the Executive Council may seem no more than a many Acts of Parliament—for example, the power to rubber stamp, the processes involved in bringing matters proclaim legislation (that is, bring it into effect) and to before the Council ensure that Ministers’ actions are make regulations and other kinds of delegated legislation properly documented, are legally and constitutionally (that is, legislative powers that the Parliament has valid, and are in accordance with government policy. delegated to the Executive Government). Most of the executive actions taken by the Governor-General are of this kind. In practice, except when reserve powers are involved—see below—these functions are exercised as advised by the Prime Minister and Ministers.

The Governor-General’s reserve powers In some matters the Constitution gives the Governor-General powers to act independently. These include the power to dissolve the House of Representatives and, in certain situations, both Houses (see Infosheet No. 18 ). However, in other than exceptional circumstances, the Governor-General will follow the advice of a Prime Opening of the 3rd Session of the 20th Parliament by Minister who retains the confidence of the House. Her Majesty Queen Elizabeth II on 15 February 1954 The powers that the Governor-General has to act without The role of the Queen advice are referred to as ‘prerogative’ or ‘reserve’ powers and are not clearly defined in the Constitution. Australia is a constitutional . A monarchy is a Constitutional experts do not agree on their precise extent country where the position of head of state is inherited. A or on the nature of the exceptional circumstances in which is one where the powers of the they may be exercised. or sovereign—the King or Queen—are limited by law or convention, and generally exercised only according to the advice of an elected government.

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The head of state is a formal, symbolic and ceremonial of the Prime Minister and Cabinet. Judges can only be position, as opposed to the position of head of removed from office by the Governor-General following a government, which has the administrative power to request for the removal from both Houses of Parliament govern the country. In some systems of government the on the ground of proved misbehaviour or incapacity. head of state and are the same One of the major functions of the High Court is to person—for example, in the United States the President interpret the Constitution. The High Court may rule a law has both functions. to be unconstitutional—that is, beyond the power of the Australia’s head of state is Queen Elizabeth II. Queen Parliament to make—and therefore of no effect. While the Elizabeth is also Queen of the United Kingdom and Parliament may override a court’s interpretation of any several other countries which used to be part of the ordinary law by passing or amending an Act of Parliament, former . The Queen’s role as Queen of the Parliament is subject to the Constitution. The Australia is quite separate from her role as Queen of the Constitution cannot be changed by an Act of Parliament United Kingdom. The United Kingdom Government plays alone—a of the people is necessary. no part in the Queen’s role as Queen of Australia. In Australia the powers of the Queen have been delegated by the Australian Constitution to her representative in Australia, the Governor-General. That is, while Australia’s head of state is the Queen, the functions of head of state are performed by the Governor-General. The Queen’s only necessary constitutional function is to appoint the Governor-General, and in doing this the Queen acts as advised by the Australian Prime Minister. The Constitution gives the Queen the power to disallow an Australian Act of Parliament, but this has never been done and it is The extremely unlikely that it would ever be done. The Judiciary The Constitution vests the judicial power of the Commonwealth—the power to interpret laws and to For more information judge whether they apply in individual cases—in the House of Representatives Practice, 7th edn, Department of the House of Representatives, , 2018, pp. 1–41, High Court and other federal courts. The High Court is 43-83. established by the Constitution. Other federal courts are created by legislation of the Parliament. Judges are Images courtesy of AUSPIC appointed by the Governor-General acting on the advice

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Table 1—The Executive Government of Australia

How achieved Formal appointment Constitutional functions Conventions applying/functions in pursuant to Constitution practice

Sovereign Inherited. Head of Executive Head of State. Government and one of Only necessary personal function is to constituent parts of the appoint the Governor-General. Parliament, but these functions are delegated to May on occasion perform acts the Governor-General. normally carried out by the Governor-General, such as opening a Appoints the session of Parliament or assenting to Governor-General. an Act of Parliament. May disallow an Act of Acts as advised by the Prime Minister. Parliament (but this has never been done).

Governor- Selected by the Prime By the Sovereign, as her Represents the Queen as Performs functions of Head of State. General Minister. representative in Australia. head of Executive Normally in all matters acts as advised Government and one of by the Prime Minister and Ministers. constituent parts of the Has reserve powers to act Parliament. In most matters independently in emergencies. The must act as advised by the extent of these and way they should Federal Executive Council. be exercised are not agreed on.

Prime Minister Leader of the party which By the Governor-General as As for Ministers. The Governor-General commissions has the support of the most a . The position of Prime the leader of the party (or coalition) Members of the House of By the Governor-General as Minister is not recognised with the largest number of Members Representatives. Is elected of the House of Representatives to a member of the Federal by the Constitution. leader through internal Executive Council. form a Government. party processes. The Prime Minister chairs Cabinet and is in practice the Head of the Executive Government.

Ministers Selected by the Prime By the Governor-General as As Ministers, to administer Senior Ministers are in charge of Minister from Members of Ministers of State. Departments of State. larger or more important the House of departments, and are normally By the Governor-General as As Executive Councillors, to Representatives and members of the Federal advise the members of the Cabinet. Senators from the party or Executive Council. Governor-General. Junior Ministers may be in charge of a coalition of parties in (Ministers must be The Cabinet is not small department, or assist another government. The Prime Minister in the administration of a appointed to the Federal recognised by the Minister’s selection may be larger department. constrained by internal Executive Council. Ministers Constitution. party processes. must be Members of the The Cabinet is, in practice, the heart of House of Representatives the Executive Government. All major or Senators, or become so policy and legislative proposals are within three months of decided by the Cabinet. appointment).

Parliamentary As for Ministers. As for Ministers As for Ministers. Parliamentary Secretaries assist Secretaries (Parliamentary Secretaries Ministers in the administration of their (also referred are a class of Ministers departments. to as Assistant designated as Ministers) Parliamentary Secretaries).

Executive As for Ministers. By the Governor-General To advise the Only Ministers and Parliamentary Councillors (there is no constitutional Governor-General. Secretaries are appointed (generally restriction on who should for life). Only Executive Councillors be appointed). who are members of the current Government advise the Governor-General.

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