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AUSTRALIAN EXECUTIVE GOVERNMENT
URL: http://www.spatialgovernance.com/governance/government/610-2B1.htm
© John S. Cook - Created on 10 February 2005
Last modified
05/04/11 11:01
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HISTORICAL
DEVELOPMENT OF AN EXECUTIVE COUNCIL |
Under the Westminster system, |
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References:
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EXECUTIVE
COUNCIL AND THE AUSTRALIAN CONSTITUTION |
The
Governor-General and Executive Council
Executive authority is the authority to carry on the functions of
government. Chapter II of the Australian Constitution
provides for Executive Government from sections 61 to 70. Section
61 vests executive power in the Queen but the power is
exercisable by the Governor-General as the Queen's
representative. Section
62 provides for a Federal Executive Council to advise the
Governor-General in the running of the government. Under Section
63, any provisions referring to the Governor-General in
Council are taken to mean that the Governor-General is acting
with the advice of the Federal Executive Council. Various Acts
give statutory power to the Governor-General, such as in the
making of proclamations and by-laws. However, the Acts
Interpretation Act 1901 (Cwlth) at
s.16A
makes it clear that such references mean that the Governor-General
is acting on advice of Executive Council, unless a contrary
intention is shown.Ministerial Portfolios and
Appointments
Section 64 provides that the Governor-General may appoint
members of the Parliament to be Ministers of State and
responsible for the administration of various government
departments. In appointing ministers, the Governor-General acts
on the advice of the Prime Minister. Parliament set an
upper limit of 30 on the number of ministers that can be
appointed by passing the Ministers of State Act 1952
(Cwlth). (Section 65
made transitional arrangements regarding the size of the
ministry in 1901. However, this limit was subject to amendment
by the Australian Parliament.)
The Commonwealth
of Australia Administrative Arrangements Order (made on 21
October 1998 and updated to 7 February 200) sets out the matters
to be dealt with by each department and the legislation to be
administered under each ministerial portfolio. The Ministerial
Listing gives the list of Ministers appointed to the
various portfolios.
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Ministerial Salaries
Under s.66,
the salaries of Ministers are met by the Crown through an
appropriation out of the consolidated revenue of the
Commonwealth. This provides an exception to the more general
rule at s.44(iv) consistent
with the doctrine of the separation of powers where holding an
office of profit under the Crown serves to disqualify a person
from being a member of parliament.
A Remuneration Tribunal
established under provisions of the Remuneration Tribunals Act
1973 (Cwlth)
Appointment of Civil Servants
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Appointment of civil servants | 68.
Command of naval and military forces | 69.
Transfer of certain departments
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Certain powers of Governors to vest in Govenor-General
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THE
ROLE OF EXECUTIVE COUNCIL |
Executive
Council Secretariat
A Secretariat located within the Department
of the Prime Minister and Cabinet supports the work of
Executive Council.
The Work of Executive Council
Section 61 vests executive power in the Queen but the power
is exercisable by the Governor-General as the Queen's
representative.
Business undertaken by Executive Council includes:
 | Making proclamations (such as
a proclamation by the Governor-general within the provisions
of an Act that the Act will commence on a specified day); |
 | Making of regulations and
ordinances (under an authority specifically delegated by an
Act of Parliament): |
 | Making and terminating of
appointment to statutory offices, boards, commissions,
courts and tribunals (according to the Constitution at s.67) |
 | Changing the Administrative
Arrangements Order, including the creation and abolition of
government departments (Constitution s.64
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 | Issuing writs for the election
of members of the House of Representatives (Constitution, ss.32
and 33),
and Senators for the Territories (Commonwealth Electoral
Act 1918, section 151); |
 | Authorising Australian entry
into international treaties; and |
 | Commissioning officers in the
Defence Force and terminating those commissions. |
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Executive
Council Meetings
Executive Council meets whenever necessary but generally between
35 and 50 times per year. The holding of an Executive Council
meeting requires an express permission of the Governor-General
regardless of whether the Governor-General is able to attend
personally. This requires liaison between the Executive Council
Secretariat and the official Secretary to the Governor-General.
Periods of 'Caretaker'
Government
Most governments accept the convention that special provisions
apply between announcing an election for the House of
Representatives and the formation of a new government after the
election. The effect is to defer so far as practicable all
non-urgent matters for attention by a newly sworn ministry.
Initiation of Business
Where an Act of parliament requires and authorises action by the
Governor-General, the department charged with responsibility for
administering the Act may bring forth an item of business,
usually through the responsible minister. Various statutory
instruments, proclamations and regulations require legislative
drafting
Parliamentary Secretaries
Since 10 March 2000 some members of parliament have been sworn
as Ministers of the Crown but designated as parliamentary
Secretaries. |
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CABINET |
The
Federal Cabinet as an Institution
The Cabinet is a focal point for key government decision making.
Cabinet comprises either the full ministry or a smaller group of
ministers selected by the prime minister and often called an 'inner
cabinet'. Government in Australia has adapted the Westminster model
to local conditions. The evolution of cabinet as an institution
of Westminster seems to have arisen largely as a means of
dealing with general problems arising in government. One important
issue is how to present a united front of coherent public
administration notwithstanding the degree of specialisation inherent
in most government departments. Cabinet confronts the problem of how
to provide a whole of government aproach.
The Role of Cabinet
Cabinet members can determine collectively how Cabinet will operate.
However, many of the principles under which such a determination
might be made are well established as a matter of convention. In
Australia, the current Cabinet
Handbook, (first published in 1983) is now in its 5th
edition (dated January 2000). The central purpose of Cabinet is
discernible from the Prime Minister's forward to the Handbook that
states:
The Cabinet
Handbook lays down the principles and conventions by which
the Cabinet system operates. It also lays down the procedures
designed to ensure that the Cabinet process fulfils its central
purposes of contributing to consistency in public policy
formulation, supporting ministers in meeting their individual and
collective responsibilities, facilitating co-ordinated and
strategic policy development and enabling informed decision-making
on all issues requiring collective determination.
Much depends on the leadership style
and capabilities of the prime minister.
Parliamentary Secretaries to
Cabinet
Relationships between Ministers and
the Cabinet
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Moreover, the expectation that
ministers will champion the cause of their departments in laying
claim on scarce resources to fund departmental programmes.
Cabinet Confidentiality
Some secrecy surround cabinet
deliberations that suppresses information about any differences that
may have existed in cabinet. A 30 year rule applies to release
of most cabinet documents from secrecy provisions although some
documents deemed sensitive to living persons may be retained
indefinitely.
Caretaker Conventions
Australian governments usually adhere to a caretaker convention.
This convention applies in the period between the calling of an
election and the formation of a new government following the
election. |
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DEPARTMENT
OF THE PRIME MINISTER AND CABINET |
| The Department of the
Prime Minister and Cabinet provides the research and
administrative support |
The Prime Minister's Department
. he possibility of a
majority on one issue and . this leads to factions within
parliament. a more disciplined alliance across a range of issues
the coming together of peole with more general philosophies and
ideologies reflecting like minds of people on a range of
issues
the majority of members would
appoint someone to speak on their behalf.
Continuing this evolution was the
coaltions of members coming together on single issues
Government administration
The majority was necessary to pass legislation with particular
reference to the appropriation bills that could ensure a supply
of money to maintain
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References
The Australian Parliamentary
Library online search
facility using the term 'ministerial responsibility'
provides useful contemporary research material
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CONVENTIONS
OF MINISTERIAL RESPONSIBILITY |
Ministerial
Responsibility
The concept of ministerial responsibility involves a code, largely
unwritten and usually described as a 'convention', that deals with
the kind of behaviour expected of Ministers of the Crown. The code
evolved out of experience in Great Britain of trying to implement
workable democratic government. Australians adapted British practice
to allow for cultural, administrative and constitutional differences
between the two countries. Commentators generally recognise two ways
that hold ministers directly responsible to the parliament and
indirectly to the electorate. Firstly, ministers have an individual
responsibility for their personal behaviour and the performance of
departments under their charge. Secondly, ministers have a collective
responsibility for overall government performance
Individual Ministerial
Responsibility
Supposedly under a convention of ministerial responsibility,
ministers will set an example by their proper personal behaviour,
decide issues in a reasonable and consistent manner and be
answerable regarding the performance of departments under their
direct control. Being responsible implies answering questions asked
by members of parliament either in the parliament (as in question
time) or on personal basis between a member and the minister
concerned.
Questioning of a minister by a member
of parliament may originate from events such as the research or
experience of a person in the electorate, research by a member's
personal staff or the member's personal interests and inclinations.
An ability to ask questions sensibly depends on a flow of
accurate information about ministerial or departmental
performance. Thus, issues of access to government information and
the privacy of individuals are brought into consideration.
Collective Responsibility
The convention holds that ministers should accept a collective
responsibility for collective decisions. Ministers may express
differences of opinion in arriving at a collective decisions.
However, disallowing comment on these differences allows Cabinet to
present a united front once decisions are made. If called upon, a
minister should defend collective decisions publicly and maintain
'cabinet solidarity'. A minister unable to support a collective
decision should resign.
Maintaining a facade of cabinet
solidarity tends to conceal an undercurrent of conflicting ideas. A
minister may receive information from departmental advisers that
conflicts with advice received by other ministers from other
advisers.
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Limitations
to Ministerial Responsibility
Ministers and chief executive officers of government departments
confront a problem that is common in most large organisations. No
single person can know every detail of what is happening when there
are a large number of matters requiring consideration and the
matters themselves involve a wide variety of issues. Evolution of an
organisational hierarchy based on a division of labour and
specialisation of tasks provides a method of coping with
organisational complexity.
Problems of communication magnify as
specialisation grows. Specialised knowledge involve specialised
language. Policy advice translated from a specialised language into
a simpler language for wider public dissemination may well lose
something in the translation. The ethical issue is whether
simplification helps lay persons understand issues without being too
misleading or whether the simplification becomes deceptive and
allows people to be 'blinded by science'.
Scrutiny by the Mass Media
The mass media is an important avenue of communication to the public
at large on how well government performs. Identifying how well the
mass media performs this role is a study in itself.
However, the main players have conflicting interests and gives
many opportunities for bias. Players involved include:
 | the mass media as an organisation
with commercial interests in selling news stories |
 | individual journalists and
commentators |
 | special interest groups hoping to
influence public opinion in their favour |
 | politicians generally desirous of
being portrayed in a favourable light |
The mass media provides information
on the performance of government on a frequent basis. the so called
freedom of the press.
Scrutiny through the Growth of
Administrative Law
A growth in administrative law has accompanied the growing
complexity of modern government. Institutions have grown to check
abuses of executive power and hold people accountable for particular
types of decisions at various levels in the government. Among these
institutions are:
 | the office of Ombudsman |
 | Administrative Appeals Tribunal |
 | special commissions against
corruption |
 | whistleblower legislation |
 | freedom of information legislation |
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References:
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CONVENTIONS REGARDING MINISTERIAL RESPONSIBILITY |
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References:
The Australian Parliamentary
Library online search
facility using the term 'ministerial responsibility'
provides useful contemporary research material
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| The Australian Commonwealth Departments
(listed alphabetically below) represent each of the Government's current
Ministerial
portfolios. In addition to these Departments, there are over 100 Commonwealth
Government Agencies (commissions, statutory authorities, government
business enterprises etc.) which have established Web servers.
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