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 Australian EST

 

HISTORICAL DEVELOPMENT OF AN EXECUTIVE COUNCIL


 

Under the Westminster system,

References:

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. 

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
 | 67. Appointment of civil servants | 68. Command of naval and military forces | 69. Transfer of certain departments 

| 70. Certain powers of Governors to vest in Govenor-General

 

References:
bulletHouse of Representatives Practice, 3rd ed.,  HTML version , The Constitution and Executive Government
bulletDepartment of the Prime Minister and Cabinet, Home Page, Federal Executive Council Handbook - May 2000 (PDF)
bulletOffice of the Governor-General, 

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:
bulletMaking proclamations (such as a proclamation by the Governor-general within the provisions of an Act that the Act will commence on a specified day);
bulletMaking of regulations and ordinances (under an authority specifically delegated by an Act of Parliament):
bulletMaking and terminating of appointment to statutory offices, boards, commissions, courts and tribunals (according to the Constitution at s.67)
bulletChanging the Administrative Arrangements Order, including the creation and abolition of government departments (Constitution s.64 );
bulletIssuing 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);
bulletAuthorising Australian entry into international treaties; and
bulletCommissioning officers in the Defence Force and terminating those commissions.

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.  

References:
bulletAustralian Government - Home Page >  Department of the Prime Minister and Cabinet (DPMC)  - DPMC Home Page > Funcional Index > Administrative Arrangements Orders - Organisational Structure of DPMC - COAG (Council of Australian Governments) Meetings - Cultural Heritage - Freedom of Information - Industry Infrastructure and Environment Division - Publications
bulletThe Office of Legislative Drafting, Government Gazette

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

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.  

References:
bullet

Australian Parliamentary Library - Cabinets (from 1956 to the present)
Australian Government - Department of the Prime Minister and Cabinet

bullet

Australian National Archives - Home Page > The Collection > Cabinet > About Federal Cabinet Records

bullet

Queensland Archives - Home Page > Site Map

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 

References

The Australian Parliamentary Library online search facility using the term 'ministerial responsibility' provides useful contemporary research material

 

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. 

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:

bulletthe mass media as an organisation with commercial interests in selling news stories
bulletindividual journalists and commentators
bulletspecial interest groups hoping to influence public opinion in their favour
bulletpoliticians 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:

bulletthe office of Ombudsman
bulletAdministrative Appeals Tribunal
bulletspecial commissions against corruption
bulletwhistleblower legislation
bulletfreedom of information legislation

References:

bulletThe Australian Parliamentary Library online search facility using the term 'ministerial responsibility' provides useful contemporary research material
House of Representatives Practice, 3rd edn, Main contents page
bulletProfessor Clive Walker, Ministerial Responsibility Documentation, a collection of various codes and guidelines applying in the UK
Yes Minister

CONVENTIONS REGARDING MINISTERIAL RESPONSIBILITY

References:

The Australian Parliamentary Library online search facility using the term 'ministerial responsibility' provides useful contemporary research material

 

 
Executive Council
A description of the role of the Executive Council

 

The Prime Minister, John Howard

Ministerial Team
List of the Howard Ministry

Cabinet and its role
A description of the Cabinet and its role in the Australian Government.

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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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