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{{Short description|Federal executive government of Australia}} | |||
:''This article describes the national government of Australia. See ] for other jurisdictions.'' | |||
{{About|the federal executive government of Australia|the political structure of Australia|Politics of Australia}} | |||
{{Use Australian English|date=May 2020}} | |||
{{Use dmy dates|date=November 2021}} | |||
{{ Infobox executive government | |||
| border = federal | |||
| government_name = Commonwealth Government | |||
| image = ] | |||
| image_size = 250px | |||
| date_established = {{Start date and age|1901|01|01|df=yes}} | |||
| leader_title = ] (]) | |||
| appointed = ] (]) on the ] of the prime minister | |||
| main_organ = ] | |||
| ministries = 16 ] (2024) | |||
| responsible = ]/]{{efn|The precise responsibility of the government to House versus the Parliament as a whole is disputed. See ].<ref>{{Cite book |last=Bach |first=Stanley |title=Platypus and Parliament: the Australian Senate in Theory and Practice |date=2003 |publisher=Department of the Senate |isbn=978-0-642-71291-2 |location=Canberra, ACT |language=en |chapter=The Crisis of 1974–75 |chapter-url=https://www.aph.gov.au/About_Parliament/Senate/Practice_and_Procedure/platparl/c04}}</ref><ref>{{Cite book |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Government_and_Parliament |title=House of Representatives Practice |date=10 May 2018 |publisher=] |edition=7th |location=], ] |publication-date=10 May 2018 |language=en-au |chapter=Government and Parliament}}</ref>}} | |||
| budget = {{Increase}} $668.1 billion (2023–24)<ref>{{Cite web |last=Chalmers |first=Jim |date=9 May 2023 |title=Budget Paper 1: Budget Strategy and Outlook |url=https://budget.gov.au/content/bp1/download/bp1_2023-24_230727.pdf |access-date=11 March 2024 |website=Australian Government Budget 2023–24 |page=90}}</ref> | |||
| address = Executive wing, ], ] | |||
| url = {{URL|directory.gov.au/portfolios|Government Directory}} | |||
| background_color = #00843d | |||
}} | |||
{{Politics of Australia sidebar}} | |||
The '''Australian Government''', also known as the '''Commonwealth Government''' or simply as the '''Federal government''', is the national ] government of Australia, a ] ] ]. The executive consists of the ] and other ] that currently have the support of a majority of the members of the ]<ref name=":7">{{Cite web |title=Infosheet 19 - The House, government and opposition |url=https://www.aph.gov.au/infosheets/19 |access-date=2 March 2024 |website=Australian Parliament House}}</ref> (the lower house) and also includes the ] and other ] that ministers oversee.<ref name=":1">{{Cite web |date=13 October 2023 |title=Government |url=https://peo.gov.au/understand-our-parliament/parliament-and-its-people/government/government/ |website=Parliamentary Education Office |publisher=Australian Government |access-date=15 November 2023 |archive-date=15 November 2023 |archive-url=https://web.archive.org/web/20231115011547/https://peo.gov.au/understand-our-parliament/parliament-and-its-people/government/government/ |url-status=live }}</ref> The ] consists of ] and other ministers of the ] (ALP), in office since the ].{{Refn|Colloquially, all members of the parliamentary party that support the current government are described as ''members of the government'', however only ministers formally belong to the ''executive government''.<ref>{{Cite web |date=14 Dec 2023 |title=Which members of the government are considered a part of the Executive government and the Cabinet? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/which-members-of-the-government-are-considered-a-part-of-the-executive-government-and-the-cabinet |website=Parliamentary Education Office |publisher=Australian Government}}</ref>}} | |||
'''Australia''' is a ], a ] and a ]. The Commonwealth of Australia was formed in ] as a result of an agreement between what were previously six self-governing British colonies. The terms of this agreement are embodied in the ], which was drawn up at a ] and ratified by the people of the colonies at ]. | |||
The ] is the ] and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the ] (the federal representative of the ]).<ref name=":9" /> The governor-general normally appoints the ] who commands the confidence of a majority of the ] of the House of Representatives.<ref>{{Cite web |title=About the House of Representatives |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_of_Representatives |archive-url=https://wayback.archive-it.org/all/20230312093248/https://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_of_Representatives |archive-date=2023-03-12 |access-date=2023-06-03 |publisher=] |language=en-AU}}</ref><ref name=":8">{{Cite web |title=The role of the Governor-General |url=https://www.gg.gov.au/about-governor-general/role-governor-general |archive-url=https://wayback.archive-it.org/all/20230227233931/https://www.gg.gov.au/about-governor-general/role-governor-general |archive-date=2023-02-27 |website=]}}</ref> Also by convention, the prime minister is a member of the lower house.<ref name=":2">{{Cite web |date=31 October 2023 |title=Prime Minister |url=https://peo.gov.au/understand-our-parliament/parliament-and-its-people/people-in-parliament/prime-minister/ |url-status=live |archive-url=https://web.archive.org/web/20231026065221/https://peo.gov.au/understand-our-parliament/parliament-and-its-people/people-in-parliament/prime-minister/ |archive-date=26 October 2023 |access-date=26 November 2023 |website=Parliamentary Education Office}}</ref> | |||
==Structure of the government== | |||
The prime minister and their sworn ministers form the ], the key decision-making organ of the government that makes policy and decides the agenda of the government.<ref name=":7" /> Members of the government can exercise both ] (through their control of the parliament) and executive power (as ministers on behalf of the governor-general and the monarch).<ref>{{Cite web |date=10 November 2023 |title=Ministers and shadow ministers |url=https://peo.gov.au/understand-our-parliament/parliament-and-its-people/people-in-parliament/ministers-and-shadow-ministers/ |website=Parliamentary Education Office |access-date=26 November 2023 |archive-date=12 December 2023 |archive-url=https://web.archive.org/web/20231212083041/https://peo.gov.au/understand-our-parliament/parliament-and-its-people/people-in-parliament/ministers-and-shadow-ministers/ |url-status=live }}</ref> However, in accordance with ], and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament.<ref name=":6">{{Cite web |date=10 November 2023 |title=Cabinet |url=https://peo.gov.au/understand-our-parliament/parliament-and-its-people/government/cabinet/ |url-status=live |archive-url=https://web.archive.org/web/20231126130413/https://peo.gov.au/understand-our-parliament/parliament-and-its-people/government/cabinet/ |archive-date=26 November 2023 |access-date=26 November 2023 |website=Parliamentary Education Office}}</ref> | |||
The Australian Constitution creates a federal Parliament, executive and judiciary, and allocates certain powers and responsibilities to them (known as "heads of power"). All remaining responsibilities were retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Australia thus has seven sovereign Parliaments, none of which can encroach on the functions of the other. The ] arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions. | |||
The Australian Government is headquartered in the executive wing of ], located in the nation's capital, ], in the ]. The head offices of all the federal departments are also located in Canberra.<ref>{{Cite web |title=Australian Capital Territory |url=https://www.studyinaustralia.gov.au/Destinations/australian-capital-territory |url-status=live |archive-url=http://webarchive.nla.gov.au/awa/20200526201310/http://pandora.nla.gov.au/pan/181094/20200527-0017/www.studyinaustralia.gov.au/Destinations/australian-capital-territory.html |archive-date=26 May 2020 |access-date= |website=Study Australia |publisher=] |via=}}</ref> | |||
The Constitution, however, provides that the States can agree to refer any of their powers to the Commonwealth if they choose. The Commonwealth Parliament can also propose to the people the transfer of power from the States to the Commonwealth (or vice versa), by way of a referendum to amend the Constitution. Such a referendum requires the approval of a majority of voters, and a majority of voters in a majority of states (this is called the "double majority"). | |||
== Name == | |||
In addition, Australia has three self-governing territories: the ], the ] and ]. The legislatures of these territories exercise powers delegated to them by the Commonwealth, and the Commonwealth Parliament retains the power to override territorial legislation and to transfer powers to or from the territories. | |||
The name of the government in the ] is the "Government of the Commonwealth".<ref>{{Cite Legislation AU|Cth|act|coaca430|Constitution of Australia}} s 4.</ref> This was the name used in many early federal government publications.<ref name=":0" /> | |||
However, in 1965 ] indicated his preference for the name "Australian Government" in order to prevent confusion with the new ].<ref>{{Cite magazine |date=20 October 1965 |title=Question: Commonwealth of Australia |url=https://www.historichansard.net/hofreps/1965/19651020_reps_25_hor48/ |magazine=House of Representatives Official Hansard |page=1976 |volume=1965 |issue=42}}</ref> The ] legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations.{{Efn|Whitlam had previously argued in Parliament that the term ''Commonwealth'' "is thought to indicate that we are still dependent on Britain" and that the use of a variety of terms including "National", "Federal", "Commonwealth" and "Australian" was irrational and confusing.<ref>{{Cite book |url=https://historichansard.net/hofreps/1966/19661020_reps_25_hor53/ |title=Parliamentary Debates: House of Representatives Official Hansard |date=20 October 1966 |page=2048}}</ref> Later Country Party Senator ] accused the Whitlam Government of favouring the term ''Commonwealth'' due to the government's wish for a unitary, rather than federal, political structure. However, government Senator ] stated that the change occurred due to a "loss of identity of Australia" following the emergence of the ] and that the new name "is paralleling the feelings of nationalism which are arising in Australia".<ref>{{Cite book |url=https://historichansard.net/senate/1973/19731018_senate_28_s57/#debate-3 |title=Parliamentary Debates: Senate Official Hansard |date=18 October 1973 |page=1318}}</ref>}}<ref>{{Cite book |last=Curran |first=James |title=The Power of Speech, Australian Prime Ministers defining the national image |publisher=Melbourne University Press |year=2004 |isbn=0522850987 |pages=89–90}}</ref><ref name=":0">{{Cite journal |date=1974 |title=The term 'Australian Government' |url=https://anzlaw.thomsonreuters.com/Document/I75f19bd79c4b11ea89ea91c88091df40/View/FullText.html |journal=] |volume=48 |issue=1 |pages=1–3 |url-access=subscription |via=Westlaw}}</ref> However, academic ] argues that the government was also motivated by a desire to blur the differences between the Commonwealth and the states in an attempt to increase federal power.<ref>{{Cite book |last=Twomey |first=Anne |url=https://archive.org/details/chameleoncrownqu0000twom |title=The Chameleon Crown |publisher=Federation Press |year=2006 |location=Sydney |pages=113–14 |isbn=978-1-86287-629-3 |via=]}}</ref> The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with the Commonwealth of Nations and the ] by those not familiar with Australia's system of government.<ref>{{Cite web |last1=Lundie |first1=Rob |last2=Horne |first2=Nicholas |date=22 July 2020 |title='What's the difference?': explaining parliamentary terms |url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2021/ExplainingParliamentaryTerms#_Toc46233600 |access-date=28 February 2024 |website=Parliament of Australia}}</ref> This terminology remains preferred by the government.<ref>{{Cite web |date=31 March 2023 |title=Government terms |url=https://www.stylemanual.gov.au/grammar-punctuation-and-conventions/names-and-terms/government-terms |website=Australian Style Guide}}</ref> However, the terms Commonwealth Government and federal government are also common.<ref>{{Cite web |title=1. Introduction to Australia and its system of government |url=https://www.dfat.gov.au/about-us/publications/corporate/protocol-guidelines/1-introduction-to-australia-and-its-system-of-government |access-date=2024-03-02 |website=Department of Foreign Affairs and Trade}}</ref> | |||
The federal nature of the Commonwealth is reflected in the structure of the ], which was the subject of protracted negotiations among the colonies during the drafting of the Constitution. The ] is elected on a basis which reflects the differing populations of the States. Thus ] has 50 members of the House while ] has five. But the ] is elected on a basis of equality among the States: all States elect 12 Senators, regardless of population. This was intended to prevent the Parliament being dominated by the interests of the two most populous States, New South Wales and Victoria, as the Senators of the smaller States could form a majority and amend or even reject bills originating in the House of Representatives. | |||
In some contexts, the term "government" refers to ], whether legislative, executive or judicial.<ref>{{Cite book |last1=Quick |first1=John |url=https://archive.org/details/annotatedconstit00quicuoft/page/699/mode/1up?view=theater |title=The Annotated Constitution of the Australian Commonwealth |last2=Garran |first2=Robert |publisher=Angus & Robertson |year=1901 |location=Sydney |page=699 |language=en |author-link=John Quick (politician) |author-link2=Robert Garran |via=]}}</ref><ref>{{Cite book |last=Pyke |first=John |url= |title=Government powers under a Federal Constitution: constitutional law in Australia |date=2020 |publisher=Lawbook Co |isbn=978-0-455-24415-0 |edition=2nd |location=Pyrmont, NSW |page=3 |language=en-AU |oclc=on1140000411}}</ref> | |||
The third level of government after the Commonwealth and the ] is ], in the form of shire, town or city councils. These bodies administer the provision of services such as local roads, sanitation, libraries, dog registration etc. Councils are composed of elected representatives, usually serving on a part time basis. | |||
==Executive power== | |||
{{Essay|date=October 2024}} | |||
The government's primary role, in its executive capacity, is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch. | |||
Unlike the other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands the king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally, the bottom layer includes ], police, government departments and independent ] who directly implement policy and laws.<ref name=":5">{{Cite web |title=Separation of powers: Parliament, Executive and Judiciary |url=https://peo.gov.au/understand-our-parliament/how-parliament-works/system-of-government/separation-of-powers-parliament-executive-and-judiciary/ |url-status=live |archive-url=https://web.archive.org/web/20231031132705/https://peo.gov.au/understand-our-parliament/how-parliament-works/system-of-government/separation-of-powers-parliament-executive-and-judiciary/ |archive-date=31 October 2023 |access-date=2023-11-08 |website=Parliamentary Education Office |publisher= |language=en}}</ref><ref>{{Cite web |last=Appleby |first=Gabrielle |date=2023-09-14 |title=Explainer: what is executive government and what does it have to do with the Voice to Parliament? |url=https://newsroom.unsw.edu.au/news/business-law/explainer-what-executive-government-and-what-does-it-have-do-voice-parliament |access-date=2023-11-14 |website=UNSW Newsroom |publisher=] |archive-date=14 November 2023 |archive-url=https://web.archive.org/web/20231114042412/https://newsroom.unsw.edu.au/news/business-law/explainer-what-executive-government-and-what-does-it-have-do-voice-parliament |url-status=live }}</ref> | |||
===Division of power=== | |||
] is also difficult to clearly define. In the British context, it was defined by ] as all government power not ] or ] in nature.<ref>{{Cite book |last=Moore |first=Cameroon |title=Crown and Sword: Executive Power and the Use of Force by the Australian Defence Force |publisher=ANU Press |year=2017 |isbn=9781760461553 |location=Canberra |page=10 |doi=10.22459/CS.11.2017 |jstor=j.ctt1zgwk12.6 |doi-access=free }}</ref> The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing for ] and ].<ref>{{Cite book |url= |title=Senate Standing Committee for the Scrutiny of Bills |date=September 2008 |publisher= The Committee|isbn=978-0-642-71951-5 |publication-date=September 2008 |language=en |chapter=Inappropriate Delegation of Legislative Power |access-date= |chapter-url=https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Bills/Completed_inquiries/work41/c05 |archive-url=https://web.archive.org/web/20231129062252/https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Bills/Completed_inquiries/work41/c05 |archive-date=29 November 2023 |url-status=live}}</ref> Ultimately whether power is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than the application of a strict test.<ref>{{Cite journal |last=Greentree |first=Catherine Dale |date=2020 |title=The Commonwealth Executive Power: Historical Constitutional Origins and the Future of the Prerogative |url=https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2020/09/06-GREENTREE.pdf |journal=University of New South Wales Law Journal |volume=43 |issue=3 |doi=10.53637/GJLF5868 |access-date=14 November 2023 |archive-date=18 November 2023 |archive-url=https://web.archive.org/web/20231118072054/https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2020/09/06-GREENTREE.pdf |url-status=live }}</ref> | |||
Government is undertaken by three inter-connected arms of government: | |||
*Legislature - The ] | |||
*Executive - The Prime Minister, the Cabinet Ministers, Ministers and their Departments | |||
*Judiciary - The ] and subsidiary Federal courts. | |||
As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily under ]). They also retain certain powers traditionally part of the ], such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied from ].<ref>{{Cite journal |last=Stephenson |first=Peta |date=2018 |title=Nationhood and Section 61 of the Constitution |url=http://www5.austlii.edu.au/au/journals/UWALawRw/2018/21.pdf |journal=University of Western Australia Law Review |volume=43 |issue=2 |via=] |access-date=14 November 2023 |archive-date=14 November 2023 |archive-url=https://web.archive.org/web/20231114101112/http://www5.austlii.edu.au/au/journals/UWALawRw/2018/21.pdf |url-status=live }}</ref> These were defined by ] Justice ], as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation".<ref>{{Cite AustLII|litigants=Victoria v Commonwealth|source=HCA|num=52|year=1975|pinpoint=para 19 of Mason J's opinion|parallelcite=(1975) 134 CLR 338}}</ref> They have been found to include the power to provide financial stimulus payments to households ]<ref>{{cite AustLII|litigants=Pape v Commissioner of Taxation|link=Pape v Commissioner of Taxation |year=2009|court=HCA|num=23|parallelcite=(2009) 238 ] 1}}</ref> and the power to prevent "unlawful non-citizens" ].<ref>{{Cite AustLII|FCA|1329|2001|litigants=Ruddock v Vadarlis|link=Ruddock v Vadarlis|date=18 September 2001|courtname=] (Australia)|parallelcite=(2001) 110 FCR 491}}</ref> | |||
The '']'' is the principle whereby the three arms of government undertake their activities separate from each other: | |||
*the Legislature makes laws, and provides a legislative framework for the operations of the other two arms. | |||
*the Executive administers the laws and carries out the tasks assigned to it by legislation; | |||
*the Judiciary hears cases arising from the administration of the law, using both ] and the ]. Unlike courts in the ], the Australian courts cannot give ] on the constitutionality of laws. | |||
*the other arms cannot influence the Judiciary. | |||
==Ministers== | |||
Until the passage of the ] ], and associated legislation in the parliament of the ], some Australian cases could be referred to the ] for final appeal. With this act, Australian law was made unequivocally sovereign, and the ] was confirmed as the highest court of appeal. The theoretical possibility of the British Parliament enacting laws to override the Australian Constitution was also removed. | |||
Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formally ''parliamentary secretaries''<ref>{{Cite Legislation AU|Cth|act|mosa1952217|Ministers of State Act 1952|4}}</ref><ref>{{Cite web |date=31 May 2023 |title=Appointments revoked, appointments made by the Governor-General |url=https://www.prod.legislation.gov.au/C2023G00600/asmade/text |website=Federal Register of Legislation |publisher=Australian Government |id=Gazette ID: C2023G00600}}</ref>), responsible for a specific policy area, reporting directly to a cabinet minister.<ref name=":4">{{Cite web |last= York |first=Barry |date=2015-09-24 |title=The Cabinet |url=https://www.moadoph.gov.au/blog/the-cabinet |archive-url=http://webarchive.nla.gov.au/awa/20230626063125/https://www.moadoph.gov.au/blog/the-cabinet/ |archive-date=26 June 2023 |access-date=2023-08-05 |website=] at Old Parliament House |language=en |url-status=deviated }}</ref><ref>{{Cite web |date=31 May 2022 |title=Albanese Government full Ministry |url=https://www.pm.gov.au/media/albanese-government-full-ministry |access-date=2 March 2024 |website=Prime Minister of Australia}}</ref><ref>{{Cite book |title=House of Representatives Practice |date=June 2018 |isbn=978-1-74366-656-2 |edition=7th |at=Parliamentary Secretaries |language=en |chapter=The Ministry |chapter-url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/The%20Ministry |last1=Elder |first1=David |last2=Wright |first2=B. C. |publisher=Department of the House of Representatives }}</ref> | |||
== |
===Cabinet=== | ||
{{main|Cabinet of Australia}} | |||
The cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through a ].<ref name=":3">{{Cite web |last= |first= |title=Cabinet |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Cabinet |archive-url=http://webarchive.nla.gov.au/awa/20230312021339/https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Cabinet |archive-date=12 March 2023 |access-date=2023-08-05 |publisher=Parliament of Australia |work=House of Representatives Practice (7th edition) |date=June 2018 |language=en-AU |url-status=live }}</ref> Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the ], which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet.<ref>{{Cite web |title=Why is it that the Prime Minister and Cabinet are not mentioned in the Australian Constitution? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/why-is-it-that-the-prime-minister-and-cabinet-are-not-mentioned-in-the-australian-constitution/ |archive-url=http://webarchive.nla.gov.au/awa/20230626070043/https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/why-is-it-that-the-prime-minister-and-cabinet-are-not-mentioned-in-the-australian-constitution/ |archive-date=26 June 2023 |access-date=2023-08-05 |website=Parliamentary Education Office |language=en |url-status=live }}</ref> All members of the cabinet are members of the Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general.<ref>{{Cite web |last= |first= |title=Federal Executive Council |work=House of Representatives Practice (7th edition) |date=June 2018 |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Federal_Executive_Council |archive-url=http://webarchive.nla.gov.au/awa/20230627030548/http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Federal_Executive_Council |archive-date=27 June 2023 |access-date=2023-08-05 |publisher=Parliament of Australia |language=en-AU |url-status=live }}</ref> | |||
The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the cabinet meeting in other places, such as major regional cities.<ref>{{Cite news |date=21 November 2007 |title=Cutting bureaucracy won't hurt services: Rudd |work=] |publisher=] |url=http://www.abc.net.au/news/stories/2007/11/21/2097424.htm |access-date=28 November 2007 |archive-url=https://web.archive.org/web/20071123120653/http://www.abc.net.au:80/news/stories/2007/11/21/2097424.htm |archive-date=2007-11-23}}</ref> There are Commonwealth Parliament Offices in each state capital, including the original ] at 4 Treasury Place Melbourne, and the ] located in ].<ref>{{Cite web |date=2020-09-30 |title=Commonwealth Parliament Offices (CPOs) |url=https://maps.finance.gov.au/commonwealth-parliament-offices-cpos |archive-url=http://webarchive.nla.gov.au/awa/20230626051933/https://maps.finance.gov.au/commonwealth-parliament-offices-cpos |archive-date=26 June 2023 |website=Ministerial and Parliamentary Services |access-date=5 August 2023 |url-status=live }}</ref> | |||
The term "head of state" is not used in the ], so the question of who is Australia's ] is a matter of convention. The role played by the monarchy has declined significantly over the past century, but ] is still popularly believed to be Australia's head of state. At the time the Constitution was adopted, Australia was part of the ] and it was not considered necessary to affirm the British monarch's status. Australia became independent from the ] following adoption of the ]. Recognising this, the Australian Parliament in 1973 gave the Queen the title ], thus confirming her status as Australia's monarch. | |||
Until 1956 all members of the ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 ] created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as the ]. This practice has been continued by all governments except the ].<ref name=":4" /> | |||
Section 2 of the ] provides that a ] shall represent the Queen in Australia, and today the Governor-General carries out virtually all the functions of a head of state, without reference to the Queen. The Governor-General is appointed by the Queen, on the advice of the ]. The current Governor-General, ], said in ]: "Her Majesty is Australia's head of state but I am her representative and to all intents and purposes I carry out the full role." | |||
===Ministerial selection=== | |||
Under the conventions of the ] the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains ] similar to those possessed by the Queen in the ]. These are rarely exercised, but during the ] Governor-General ] demonstrated a willingness to use them independently of the Queen. | |||
The prime minister's power to select the ministry differs depending on their party. When the ] and its predecessors (the ] and the ]) have been in coalition with the ] or its predecessor the ], the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios.<ref name=":3" /> | |||
Australia has periodically experienced movements seeking to end the monarchy. In a ], the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the ] from the Constitution and replaced the ] with a ] nominated by the Prime Minister, but subject to the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The ] continues to campaign for an end to the monarchy in Australia, opposed by ]. | |||
When ] first held office under ], Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party, the ], and the prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence.<ref>{{Cite web |last= |first= |title=The Ministry |work=House of Representatives Practice (7th edition) |date=June 2018 |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/The_Ministry |archive-url=http://webarchive.nla.gov.au/awa/20230428104209/http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/The_Ministry |archive-date=28 April 2023 |access-date=2023-08-05 |publisher=Parliament of Australia |language=en-AU |url-status=live }}</ref> However, in 2007 Prime Minister ], assumed the power to choose the ministry alone.<ref>{{Cite news |last=Worsley |first=Ben |date=11 September 2007 |title=Rudd seizes power from factions |work=] |publisher=] |url=http://www.abc.net.au/news/stories/2007/09/29/2046939.htm |archive-url=https://webarchive.nla.gov.au/awa/20071015011332/http://pandora.nla.gov.au/pan/76826/20071014-2203/www.abc.net.au/news/stories/2007/09/29/2046939.html |archive-date=2007-10-15}}{{cbignore|bot=medic}}</ref> Later, the caucus regained this power in 2013.<ref>{{Cite web |last=Grattan |first=Michelle |date=2013-07-08 |title=No more coups against Labor PMs under new Rudd rules |url=http://theconversation.com/no-more-coups-against-labor-pms-under-new-rudd-rules-15887 |access-date= |website=The Conversation |language=en-US}}</ref> According to reporting by the ''Sydney Morning Herald'', ministerial positions are allocated by the ] and ] factions proportionally according to their representation in the Parliament.<ref>{{Cite web |last=Massola |first=James |date=2021-02-14 |title=What are Labor's factions and who's who in the Left and Right? |url=https://www.smh.com.au/politics/federal/what-are-labor-s-factions-and-who-s-who-in-the-left-and-right-20210210-p5718j.html |access-date= |website=The Sydney Morning Herald |language=en}}</ref> | |||
:''For more information, see ] and ].'' | |||
==The role of the King and the governor-general== | |||
{{main|Monarchy of Australia|Governor-General of Australia}} | |||
The King is not involved with the day-to-day operations of the government,<ref name=":9">{{Cite web |title=Infosheet 20 - The Australian system of government |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_20_-_The_Australian_system_of_government |access-date=2023-11-26 |website=Parliament of Australia |archive-date=22 September 2023 |archive-url=https://web.archive.org/web/20230922111623/https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_20_-_The_Australian_system_of_government |url-status=live }}</ref> belonging (according to the ] formulation) to the "dignified" rather than the "efficient" part of government.<ref>{{Cite book |last=Bagehot |first=Walter |url=https://archive.org/details/englishconstitut00bage/page/72 |title=The English constitution: and Other Political Essays |publisher=Appleton & Company |year=1895 |location=New York |language=en |ol=24399357M |author-link=Walter Bagehot |ol-access=free}}</ref><ref>{{Cite book |last=Pyke |first=John |title=Government powers under a Federal Constitution: Constitutional Law in Australia |publisher=Lawbook Co (Thomas Reuters) |year=2020 |isbn=978-0-455-24415-0 |edition=2nd |location=Pyrmont, NSW |pages=283–6}}</ref> While the executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative<ref>{{cite Legislation AU|Cth|act|coaca430|Constitution|62}}</ref> (but since the appointing of ] in 1931, always appointed according to the advice of federal ministers, rather than British ministers).<ref>{{Cite book |url=https://www.aph.gov.au/-/media/05_About_Parliament/53_HoR/532_PPP/Practice7/combined.pdf?la=en&hash=17DE820A4B6D7F47EA296777BF6D2F2CBD609F7C |title=House of Representatives Practice |date=June 2018 |publisher=Department of the House of Representatives |isbn=978-1-74366-654-8 |editor-last=Wright |editor-first=B. C. |edition=7th |location=Canberra, Australia |page=2 |language=en |chapter=Governor-General |editor-last2=Fowler |editor-first2=P. E. |chapter-url=https://www.aph.gov.au/About%20Parliament/House%20of%20Representatives/Powers%20practice%20and%20procedure/Practice7/HTML/Chapter1/7chap01_2_3.html |access-date=29 November 2023 |archive-date=20 January 2024 |archive-url=https://web.archive.org/web/20240120051505/https://www.aph.gov.au/-/media/05_About_Parliament/53_HoR/532_PPP/Practice7/combined.pdf?hash=17DE820A4B6D7F47EA296777BF6D2F2CBD609F7C&la=en |url-status=live }}</ref> Members of the government do not exercise executive power of their own accord but are instead appointed by the governor-general as ministers, formally as the "Queen's Ministers of State".<ref>{{Cite Legislation AU|Cth|act|coaca430|Constitution of Australia|64}}</ref>{{Refn|In a similar vein, the phrase ''His/Her Majesty's Government in the Commonwealth of Australia'' was historically used occasionally in formal legal contexts to refer to the federal government.<ref>{{Cite web |date=21 January 1944 |title=Australian - New Zealand Agreement 1944 |url=https://www.dfat.gov.au/about-us/publications/historical-documents/Pages/volume-07/26-australian-new-zealand-agreement-1944 |website=Department of Foreign Affairs and Trade |publisher=Australian Government}}</ref><ref>''Van Heyningen v Netherlands-Indies Government'' St R Qd 54.</ref><ref>''Trade Agreement between the Governments of the Commonwealth of Australia and the Federation of Rhodesia and Nyasaland'' </ref>}} As such, while government ministers make most major decisions in cabinet, if those decisions require the formal endorsement of the governor-general in council, those decisions do not have legal force until approved by the ], which is presided over by the governor-general. | |||
==Legislature== | |||
Similarly, laws passed by both houses of parliament require ] before being enacted, as the monarch is a constituent part of the Parliament.<ref>{{cite Legislation AU|Cth|act|coaca430|Constitution}} s 1; {{Cite Legislation AU|Cth|act|coaca430|Constitution|58}}</ref> | |||
] | |||
''Main article: ]'' | |||
The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The ] is ], consisting of a 76-member ] and a 150-member ]. Twelve senators from each state are elected for six-year terms and two from each territory are elected for three-year terms using ] and the ] (known in Australia as "preferential voting": see ]), with half elected every three years. | |||
The members of the House of Representatives are elected by preferential voting from single-member constituencies allocated among the states and territories roughly in proportion to population. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing ], the leader of the political party or coalition of parties that wins a majority of the seats in the House of Representatives is named ]. | |||
The Prime Minister and the Cabinet are responsible to the Parliament, of which they must be elected members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The last general election was in ] ]. | |||
==Opposition== | |||
The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the ], with a recognised ], usually the leader of the largest party outside the government, and a ] of Opposition members who "shadow" each member of the Ministry, asking questions on matters within the Minister's portfolio. Although the government, by virtue of commanding a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house, the Opposition has certain recognised rights, and can considerably delay the passage of legislation and obstruct government business if it chooses. The day-to-day business of the house is usually negotiated between a designated senior Minister, who holds the title ], and an Opposition frontbencher known as the ]. The current Leader of the Opposition in the federal Parliament is ]. The Manager of Opposition Business is ]. | |||
== Executive == | |||
=== Executive Council === | |||
''Main article: ]'' | |||
The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled The Honourable, a title which they retain for life. The Governor-General usually presides at Council meetings, but a Minister with the title ] serves as the link between the government and the Council. | |||
===Cabinet=== | |||
However, in all these cases, except for certain reserve powers, the King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers.<ref>{{Cite web |title=Who has more power, the Governor-General or the Prime Minister? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice/ |url-status=live |archive-url=http://webarchive.nla.gov.au/awa/20230325134058/https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/who-has-more-power-the-governor-general-or-the-prime-minister/ |archive-date=25 March 2023 |access-date=2023-08-05 |website=The Parliamentary Education Office (PEO) |language=en}}</ref> Powers subject to the governor-general’s discretion are known as ''reserve powers.'' While certain reserve powers, such as the ability to choose the prime minister most likely to command the confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in ] of 1975. In that case, the Governor-General ] dismissed the prime minister and government due to his conclusion that the government had failed to secure supply.<ref>{{Cite web |title=What are reserve powers? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice/ |url-status=dead |archive-url=http://webarchive.nla.gov.au/awa/20230312065832/https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-are-reserve-powers/ |archive-date=12 March 2023 |access-date=2023-08-05 |website=The Parliamentary Education Office (PEO) |language=en}}</ref><ref>{{Cite web |title=Reserve Powers and the Whitlam dismissal |url=https://www.ruleoflaw.org.au/constitution/reserve-powers-and-the-whitlam-dismissal/ |url-status=live |archive-url=http://webarchive.nla.gov.au/awa/20220318123154/https://www.ruleoflaw.org.au/constitution/reserve-powers-and-the-whitlam-dismissal/ |archive-date=18 March 2022 |access-date=2023-08-05 |website=Rule of Law Education Centre |language=en-AU}}</ref> The propriety of the use of the powers during that event remain highly contested. | |||
''Main article: ]'' | |||
== Federal Executive Council == | |||
The ] does not recognise the ] as a legal entity, and its decisions have no legal force. All members of the ministry are also members of the ], a body which is (in theory, though rarely in practice) chaired by the Governor-General and which meets solely to endorse and give legal force to decisions already made by the Cabinet. That is why there is always a member of the ministry holding the title ]. | |||
{{main|Federal Executive Council (Australia)}} | |||
The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The ] usually presides at council meetings, but in his or her absence another minister nominated as the ] presides at the meeting of the council.<ref>{{Cite web |title=Federal Executive Council Handbook 2021 |url=https://www.pmc.gov.au/sites/default/files/resource/download/executive-council-handbook-2021.pdf |archive-url=http://webarchive.nla.gov.au/awa/20230303084148/https://www.pmc.gov.au/sites/default/files/resource/download/executive-council-handbook-2021.pdf |archive-date=3 March 2023 |access-date=2023-08-05 |website=Department of the Prime Minister and Cabinet of Australia |url-status=live }}</ref> Since 1 June 2022, the vice-president has been senator ].<ref>{{Cite web |title=Senator Katy Gallagher, ACT |url=https://www.openaustralia.org.au/senator/katy_gallagher/act |archive-url=http://webarchive.nla.gov.au/awa/20230311033920/http://www.openaustralia.org.au/senator/katy_gallagher/act |archive-date=11 March 2023 |access-date=2023-08-05 |website=OpenAustralia.org |publisher=] |url-status=live }}</ref> | |||
==Departments== | |||
Until ] all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in ] ] created a two-tier ministry, with only senior ministers holding Cabinet rank. This practice has been continued by all governments except the Whitlam Government. | |||
{{see also|List of Australian Government entities}} | |||
{{As of|2024|8|17}}, there are 16 departments of the Australian Government.<ref>{{Cite web |date=29 July 2024 |title=Administrative Arrangements Order |url=https://www.legislation.gov.au/C2022Q00008/latest/text |url-status= |archive-url= |archive-date= |access-date= |website=Federal Register of Legislation |publisher=Australian Government}}</ref> | |||
When the non-Labor parties have been in power, the Prime Minister has made all Cabinet and ministerial appointments at his own discretion, although in practice he consults with senior colleagues in making appointments. When the ] and its predecessors (the ] and the ]) have been in coalition with the ] or its predecessor the ], the leader of the junior Coalition party has had the right to nominate his party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios. | |||
* ] | |||
When the ] first held office under ], Watson assumed the right to choose members of his Cabinet. In ], however, the party decided that future Labor Cabinets would be elected by the members of the Parliamentary Labor Party, the ], and this practice has been followed ever since. The Prime Minister retains the right to allocate portfolios. In practice, Labor Prime Ministers have exercised a predominant influence over who has been elected to Labor Cabinets, although the leaders of the party factions also exercise considerable influence. | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
Additionally, there are four departments which support the ]:<ref name="parldepts">{{cite web|title=Parliamentary Departments|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments|url-status=live|archive-url=https://webarchive.nla.gov.au/awa/20210605134005/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments|archive-date=2021-06-05|access-date=17 July 2021|website=]|publisher=Parliament of Australia|via=]}}{{cbignore|bot=medic}}</ref> | |||
Cabinet Ministers: | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
==Publicly owned entities== | |||
* ] | |||
* Minister for Transport and Regional Services | |||
* ] | |||
* Minister for Trade | |||
* ] | |||
* ] | |||
* Minister for Finance and Administration | |||
* Minister for Health and Ageing | |||
* ] | |||
* Minister for the Environment and Heritage | |||
* Minister for Communications, Information Technology and the Arts | |||
* Minister for Agriculture, Fisheries and Forestry | |||
* Minister for Immigration and Multicultural and Indigenous Affairs | |||
* Minister for Education, Science and Training | |||
* Minister for Family and Community Services | |||
* Minister for Industry, Tourism and Resources | |||
* Minister for Employment and Workplace Relations | |||
===Corporations prescribed by acts of parliament=== | |||
See: ] | |||
The following corporations are prescribed by Acts of Parliament: | |||
* ]<ref>{{Cite Legislation AU|Cth|act|abca1983361|Australian Broadcasting Corporation Act 1983}}</ref> | |||
] | |||
* ]<ref>{{Cite Legislation AU|Cth|act|cefca2012297|Clean Energy Finance Corporation Act 2012}}</ref> | |||
* ]<ref>{{Cite Legislation AU|Cth|act|sbsa1991254|Special Broadcasting Service Act 1991}}</ref> | |||
===Government Business Enterprises=== | |||
=== Departments === | |||
{{As of|2024|3}}, the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs):<ref name="gbe">{{Cite web |date=27 September 2023 |title=Government Business Enterprises |url=https://www.finance.gov.au/government/government-business-enterprises |website=Department of Finance |publisher=Australian Government}}</ref> | |||
* ] | |||
* ] | |||
* ] | |||
* Attorney-General's Department | |||
* Department of Communications, Information Technology and the Arts | |||
* Department of Defence | |||
* Department of Education, Science and Training | |||
* Department of Employment and Workplace Relations | |||
* ] | |||
* Department of Family and Community Services | |||
* Department of Finance and Administration | |||
* Department of Foreign Affairs and Trade | |||
* Department of Health and Ageing | |||
* ] | |||
* Department of Industry, Tourism and Resources | |||
* Department of the Prime Minister and Cabinet | |||
* Department of Transport and Regional Services | |||
* Department of the Treasury | |||
* Department of Veterans' Affairs | |||
* Public Service Commissioner | |||
The following Commonwealth companies are prescribed as GBEs:<ref name="gbe"/> | |||
== Judiciary == | |||
* ] | |||
* Australian Naval Infrastructure | |||
* ] | |||
* National Intermodal Corporation | |||
* ] | |||
* ] | |||
* ] | |||
===Other public non-financial corporations=== | |||
''Main article: ]'' | |||
* ] | |||
==See also== | |||
The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
==Notes== | |||
* ] | |||
{{Notelist}} | |||
* ] | |||
* ] | |||
* Federal Magistrates' Court | |||
* Administrative Appeals Tribunal | |||
==References== | |||
== External links == | |||
{{Reflist}} | |||
* | |||
* | |||
* | |||
==External links== | |||
{{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=government of Australia}} | |||
* {{URL|directory.gov.au|Australian government directory}} | |||
* {{URL|aph.gov.au|Parliament of Australia website}} | |||
{{Navboxes | |||
{{Politics of Australia}} | |||
|title = Articles related to Australian Government | |||
|list = | |||
{{Australia topic|title=Government of Australia|prefix=Government of}} | |||
{{Governments of Australia}} | |||
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}} | |||
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{{DEFAULTSORT:Australian Government}} | |||
] | ] | ||
] |
Latest revision as of 00:08, 8 December 2024
Federal executive government of Australia This article is about the federal executive government of Australia. For the political structure of Australia, see Politics of Australia.
Commonwealth Government | |
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Federal government | |
Overview | |
Established | 1 January 1901; 123 years ago (1901-01-01) |
Leader | Prime Minister (Anthony Albanese) |
Appointed by | Governor-General (Sam Mostyn) on the advice of the prime minister |
Main organ | Cabinet |
Ministries | 16 government departments (2024) |
Responsible to | House of Representatives/Commonwealth Parliament |
Annual budget | $668.1 billion (2023–24) |
Headquarters | Executive wing, Parliament House, Canberra |
Website | Government Directory |
This article is part of a series on the |
Politics of Australia |
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Australia portal |
The Australian Government, also known as the Commonwealth Government or simply as the Federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime minister and other cabinet ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election.
The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the federal representative of the monarch of Australia). The governor-general normally appoints the parliamentary leader who commands the confidence of a majority of the members of the House of Representatives. Also by convention, the prime minister is a member of the lower house.
The prime minister and their sworn ministers form the cabinet, the key decision-making organ of the government that makes policy and decides the agenda of the government. Members of the government can exercise both legislative power (through their control of the parliament) and executive power (as ministers on behalf of the governor-general and the monarch). However, in accordance with responsible government, and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament.
The Australian Government is headquartered in the executive wing of Parliament House, located in the nation's capital, Canberra, in the Australian Capital Territory. The head offices of all the federal departments are also located in Canberra.
Name
The name of the government in the Constitution of Australia is the "Government of the Commonwealth". This was the name used in many early federal government publications.
However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations. The Whitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations. However, academic Anne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and the states in an attempt to increase federal power. The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with the Commonwealth of Nations and the US federal government by those not familiar with Australia's system of government. This terminology remains preferred by the government. However, the terms Commonwealth Government and federal government are also common.
In some contexts, the term "government" refers to all public agencies that exercise the power of the State, whether legislative, executive or judicial.
Executive power
This article is written like a personal reflection, personal essay, or argumentative essay that states a Misplaced Pages editor's personal feelings or presents an original argument about a topic. Please help improve it by rewriting it in an encyclopedic style. (October 2024) (Learn how and when to remove this message) |
The government's primary role, in its executive capacity, is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch.
Unlike the other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands the king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally, the bottom layer includes public servants, police, government departments and independent statutory bodies who directly implement policy and laws.
Executive power is also difficult to clearly define. In the British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing for statutory instruments and Henry VIII clauses. Ultimately whether power is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than the application of a strict test.
As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily under section 51). They also retain certain powers traditionally part of the royal prerogative, such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied from section 61 of the Constitution. These were defined by High Court Justice Anthony Mason, as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation". They have been found to include the power to provide financial stimulus payments to households during a financial crisis and the power to prevent "unlawful non-citizens" from entering the country.
Ministers
Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries), responsible for a specific policy area, reporting directly to a cabinet minister.
Cabinet
Main article: Cabinet of AustraliaThe cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through a cabinet reshuffle. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council, which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet. All members of the cabinet are members of the Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general.
The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, including the original Commonwealth Offices Building at 4 Treasury Place Melbourne, and the Commonwealth Parliament Offices, Sydney located in 1 Bligh Street.
Until 1956 all members of the ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as the front bench. This practice has been continued by all governments except the Whitlam government.
Ministerial selection
The prime minister's power to select the ministry differs depending on their party. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party) have been in coalition with the National Party or its predecessor the Country Party, the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios.
When Labor first held office under Chris Watson, Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus, and the prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. However, in 2007 Prime Minister Kevin Rudd, assumed the power to choose the ministry alone. Later, the caucus regained this power in 2013. According to reporting by the Sydney Morning Herald, ministerial positions are allocated by the Left and Right factions proportionally according to their representation in the Parliament.
The role of the King and the governor-general
Main articles: Monarchy of Australia and Governor-General of AustraliaThe King is not involved with the day-to-day operations of the government, belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government. While the executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative (but since the appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers). Members of the government do not exercise executive power of their own accord but are instead appointed by the governor-general as ministers, formally as the "Queen's Ministers of State". As such, while government ministers make most major decisions in cabinet, if those decisions require the formal endorsement of the governor-general in council, those decisions do not have legal force until approved by the Federal Executive Council, which is presided over by the governor-general.
Similarly, laws passed by both houses of parliament require royal assent before being enacted, as the monarch is a constituent part of the Parliament.
However, in all these cases, except for certain reserve powers, the King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers. Powers subject to the governor-general’s discretion are known as reserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command the confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in the Dismissal of 1975. In that case, the Governor-General Sir John Kerr dismissed the prime minister and government due to his conclusion that the government had failed to secure supply. The propriety of the use of the powers during that event remain highly contested.
Federal Executive Council
Main article: Federal Executive Council (Australia)The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as the vice-president of the Executive Council presides at the meeting of the council. Since 1 June 2022, the vice-president has been senator Katy Gallagher.
Departments
See also: List of Australian Government entitiesAs of 17 August 2024, there are 16 departments of the Australian Government.
- Department of Agriculture, Fisheries and Forestry
- Attorney-General's Department
- Department of Climate Change, Energy, the Environment and Water
- Department of Defence
- Department of Education
- Department of Employment and Workplace Relations
- Department of Finance
- Department of Foreign Affairs and Trade
- Department of Health and Aged Care
- Department of Home Affairs
- Department of Industry, Science and Resources
- Department of Infrastructure, Transport, Regional Development, Communications and the Arts
- Department of the Prime Minister and Cabinet
- Department of Social Services
- Department of the Treasury
- Department of Veterans' Affairs
Additionally, there are four departments which support the Parliament of Australia:
- Department of Parliamentary Services
- Department of the House of Representatives
- Department of the Senate
- Parliamentary Budget Office
Publicly owned entities
Corporations prescribed by acts of parliament
The following corporations are prescribed by Acts of Parliament:
Government Business Enterprises
As of March 2024, the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs):
The following Commonwealth companies are prescribed as GBEs:
- Australian Submarine Corporation
- Australian Naval Infrastructure
- Australian Rail Track Corporation
- National Intermodal Corporation
- NBN Co
- Snowy Hydro
- Western Sydney Airport
Other public non-financial corporations
See also
- Australian Public Service
- Referendums in Australia
- States and territories of Australia
- Timeline of the expansion of federal powers in Australia
Notes
- The precise responsibility of the government to House versus the Parliament as a whole is disputed. See 1975 Australian Constitutional Crisis.
- Whitlam had previously argued in Parliament that the term Commonwealth "is thought to indicate that we are still dependent on Britain" and that the use of a variety of terms including "National", "Federal", "Commonwealth" and "Australian" was irrational and confusing. Later Country Party Senator Drake-Brockman accused the Whitlam Government of favouring the term Commonwealth due to the government's wish for a unitary, rather than federal, political structure. However, government Senator Lionel Murphy stated that the change occurred due to a "loss of identity of Australia" following the emergence of the Commonwealth of Nations and that the new name "is paralleling the feelings of nationalism which are arising in Australia".
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External links
Library resources aboutAustralian Government
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