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{{Short description|Federal executive government of Australia}} |
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:''This article describes the federal government of Australia. See [[Australian governments]] for other jurisdictions. For a description of politics and political institutions, see [[Politics of Australia]].'' |
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{{About|the federal executive government of Australia|the political structure of Australia|Politics of Australia}} |
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The '''[[Australia|Commonwealth of Australia]]''' is a [[federation|federative]] [[constitutional monarchy]] under a [[parliamentary democracy]]. The Commonwealth of Australia was formed in [[1901]] as a result of an agreement between six self-governing British colonies, which became the six States. The terms of this agreement are embodied in the [[Constitution_of_Australia|Australian Constitution]], which was drawn up at a [[Constitutional Convention (Australia)|Constitutional Convention]] and ratified by the people of the colonies at [[referendum]]s. The structure of the Australian Government may be examined in light of two distinct concepts, namely [[federalism]] and the [[separation of powers]] into legislative, executive and judiciary branches of government. Separation of powers is implied from the structure of the Constitution which breaks down the branches of government into separate chapters. |
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{{Use Australian English|date=May 2020}} |
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{{Use dmy dates|date=November 2021}} |
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{{ Infobox executive government |
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| border = federal |
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| government_name = Commonwealth Government |
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| image = [[File:Australian Government - Logo.svg|250px|class=skin-invert]] |
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| image_size = 250px |
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| date_established = {{Start date and age|1901|01|01|df=yes}} |
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| leader_title = [[Prime Minister of Australia|Prime Minister]] ([[Anthony Albanese]]) |
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| appointed = [[Governor-General of Australia|Governor-General]] ([[Sam Mostyn]]) on the [[Advice (constitutional law)|advice]] of the prime minister |
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| main_organ = [[Cabinet of Australia|Cabinet]] |
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| ministries = 16 [[List of Australian Government entities|government departments]] (2024) |
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| responsible = [[Australian House of Representatives|House of Representatives]]/[[Commonwealth Parliament]]{{efn|The precise responsibility of the government to House versus the Parliament as a whole is disputed. See [[1975 Australian Constitutional Crisis]].<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=[[Department of the House of Representatives (Australia)|Department of the House of Representatives]] |edition=7th |location=[[Canberra]], [[Australia]] |publication-date=10 May 2018 |language=en-au |chapter=Government and Parliament}}</ref>}} |
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| 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> |
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| address = Executive wing, [[Parliament House, Canberra|Parliament House]], [[Canberra]] |
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| url = {{URL|directory.gov.au/portfolios|Government Directory}} |
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| background_color = #00843d |
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}} |
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{{Politics of Australia sidebar}} |
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The '''Australian Government''', also known as the '''Commonwealth Government''' or simply as the '''Federal government''', is the national [[Executive (government)|executive]] government of Australia, a [[federalism|federal]] [[Parliamentary system|parliamentary]] [[constitutional monarchy]]. The executive consists of the [[Prime Minister of Australia|prime minister]] and other [[Cabinet of Australia|cabinet ministers]] that currently have the support of a majority of the members of the [[Australian House of Representatives|House of Representatives]]<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 [[Australian Government#Departments|departments]] and other [[List of Australian Government entities|executive bodies]] 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 [[Albanese government|current executive government]] consists of [[Anthony Albanese]] and other ministers of the [[Australian Labor Party]] (ALP), in office since the [[2022 Australian federal election|2022 federal election]].{{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>}} |
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The [[Prime Minister of Australia|prime minister]] is the [[Head of government|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 of Australia|governor-general]] (the federal representative of the [[Monarchy of Australia|monarch of Australia]]).<ref name=":9" /> The governor-general normally appoints the [[parliamentary leader]] who commands the confidence of a majority of the [[Member of parliament|members]] 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=[[Parliament of Australia]] |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=[[The Governor-General of the Commonwealth of Australia]]}}</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> |
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The prime minister and their sworn ministers form the [[Cabinet of Australia|cabinet]], 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 [[legislative power]] (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 [[responsible government]], 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> |
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==Federalism== |
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<!-- Unsourced image removed: [[Image:AustraliaNumbered.png|States and mainland Territories of Australia: 1. [[Australian Capital Territory|ACT]]; 2. [[New South Wales|NSW]]; 3. [[Victoria (Australia)|VIC]]; 4. [[Queensland | QLD]]; 5. [[South Australia|SA]]; 6. [[Western Australia|WA]]; 7. [[Tasmania | TAS]]; 8. [[Northern Territory|NT]]|thumb|right|200px]] --> |
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The Australian Constitution creates a federal legislature, the ''Parliament of the Commonwealth'' (Section 1). The [[bicameral]] parliament consists of the [[Queen of Australia|Queen]] and two houses, the Senate and the House of Representatives (Section 1). [[Section 51 of the Australian Constitution|Section 51]] of the Constitution provides for the Commonwealth Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the Commonwealth government. All remaining responsibilities are retained by the six colonies, which under the Constitution became States of the Commonwealth of Australia. Further, each state has its own constitution so that Australia has seven sovereign Parliaments, none of which can encroach on the functions of any other. The [[High Court of Australia]] arbitrates on any disputes which arise between the Commonwealth and the States, or among the States, concerning their respective functions. |
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The Australian Government is headquartered in the executive wing of [[Parliament House, Canberra|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.<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=[[Australian Trade and Investment Commission]] |via=}}</ref> |
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The Commonwealth Parliament can propose changes to the Constitution. To become effective, the proposals must be put to a [[referendum]] of all Australians of voting age, and must receive a "double majority": |
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*a majority of all votes, and |
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*a majority of votes in a majority of States. |
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== Name == |
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The Commonwealth Constitution also provides that the States can agree to refer any of their powers to the Commonwealth if prescott do lig go !!!;they choose. This may be achieved by way of an amendment to the Constitution via referendum (a vote on whether the proposed transfer of power from the States to the Commonwealth, or vice versa, should be implemented). More commonly powers may be transferred by passing other acts of legislation which authorise the transfer and such acts require the legislative agreement of all the state governments involved. This "transfer" legislation may have a "sunset clause", a legislative provision that nullifies the transfer of power after a specified period, at which point the original division of power is restored. |
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The name of the government in the [[Constitution of Australia]] 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" /> |
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However, in 1965 [[Robert Menzies]] indicated his preference for the name "Australian Government" in order to prevent confusion with the new [[Commonwealth of Nations]].<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 [[Whitlam government]] 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 [[Tom Drake-Brockman|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".<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=[[Australian Law Journal]] |volume=48 |issue=1 |pages=1–3 |url-access=subscription |via=Westlaw}}</ref> However, academic [[Anne Twomey (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.<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=[[Internet Archive]]}}</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 [[US federal government]] 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> |
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In addition, Australia has several territories, three of which are self-governing: the [[Australian Capital Territory]] (ACT), the [[Northern Territory]] (NT) and [[Norfolk Island]]. 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. While Australian citizens living in the Australian Capital Territory and the Northern Territory are represented in the Commonwealth Parliament, Norfolk Islanders are not represented federally. |
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In some contexts, the term "government" refers to [[Politics of Australia|all public agencies that exercise the power of the State]], 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=[[Internet Archive]]}}</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> |
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Australia's other territories that are regularly inhabited ([[Jervis Bay Territory|Jervis Bay]], [[Christmas Island]] and the [[Cocos (Keeling) Islands]]) are not self-governing. Instead, these territories are largely governed by federal law, with Christmas Island and the Cocos Islands also having local governments. The largely uninhabited [[Coral Sea Islands]] was established as a Territory of the Commonwealth in 1969 while the uninhabited [[Ashmore and Cartier Islands]] has been a territory since 1933 and administered under the laws of the Northern Territory. |
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==Executive power== |
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{{Essay|date=October 2024}} |
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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. |
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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 body#Australia|statutory bodies]] 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=[[University of New South Wales]] |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> |
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The federal nature of the Commonwealth and the structure of the [[Parliament of Australia]] were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The [[Australian House of Representatives|House of Representatives]] is elected on a basis which reflects the differing populations of the States. Thus [[New South Wales]] has 50 members of the House while [[Tasmania]] has five. But the [[Australian Senate]] 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. The ACT and the NT also elect two senators each and along with Norfolk Island form the third level of government. |
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[[Executive power]] is also difficult to clearly define. In the British context, it was defined by [[John Locke]] as all government power not [[Legislative power|legislative]] or [[Judicial power|judicial]] 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 [[Delegated legislation|statutory instruments]] and [[Henry VIII clauses]].<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> |
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The fourth level of government after the Commonwealth, [[Parliaments of the Australian states and territories|State]] and Territory is [[Local government in Australia|local government]], 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. |
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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 of the Constitution of Australia|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 of Australia|section 61 of the Constitution]].<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=[[Austlii]] |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 [[High Court of Australia|High Court]] Justice [[Anthony Mason (judge)|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".<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 [[Pape v Commissioner of Taxation|during a financial crisis]]<ref>{{cite AustLII|litigants=Pape v Commissioner of Taxation|link=Pape v Commissioner of Taxation |year=2009|court=HCA|num=23|parallelcite=(2009) 238 [[Commonwealth Law Reports|CLR]] 1}}</ref> and the power to prevent "unlawful non-citizens" [[Ruddock v Vadarlis|from entering the country]].<ref>{{Cite AustLII|FCA|1329|2001|litigants=Ruddock v Vadarlis|link=Ruddock v Vadarlis|date=18 September 2001|courtname=[[Federal Court of Australia|Federal Court (Full Court)]] (Australia)|parallelcite=(2001) 110 FCR 491}}</ref> |
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==Separation of power== |
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{{main|Separation of powers in Australia}} |
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==Ministers== |
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Government is undertaken by three inter-connected arms of government: |
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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=[[Museum of Australian Democracy]] 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> |
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===Cabinet=== |
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* Legislature - The [[Parliament of Australia|Commonwealth Parliament]] |
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{{main|Cabinet of Australia}} |
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* Executive - The Sovereign, whose executive power is exercisable by the Governor-General, the Prime Minister, Ministers and their Departments |
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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 [[cabinet reshuffle]].<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 [[Federal Executive Council (Australia)|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.<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> |
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* Judiciary - The [[High Court of Australia]] and subsidiary Federal courts. |
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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=[[ABC News (Australia)|ABC News]] |publisher=[[Australian Broadcasting Corporation]] |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 [[Commonwealth Offices Building, Melbourne|Commonwealth Offices Building]] at 4 Treasury Place Melbourne, and the [[Commonwealth Parliament Offices, Sydney]] located in [[1 Bligh Street]].<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> |
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The ''[[Separation of Powers]]'' is the principle whereby the three arms of government undertake their activities separate from each other: |
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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]].<ref name=":4" /> |
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* the Legislature proposes laws in the form of Bills, and provides a legislative framework for the operations of the other two arms. The Sovereign is formally a part of the Parliament, but takes no active role in these matters |
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* the Executive enacts the laws by Royal Assent, administers the laws and carries out the tasks assigned to it by legislation |
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* the Judiciary hears cases arising from the administration of the law, using both [[statute law]] and the [[common law]]. The Australian courts cannot give [[advisory opinions]] on the constitutionality of laws |
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* the other arms cannot influence the Judiciary. |
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===Ministerial selection=== |
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Until the passage of the [[Australia Act]] [[1986]], and associated legislation in the parliament of the [[United Kingdom]], some Australian cases could be referred to the [[Judicial Committee of the Privy Council]] for final appeal. With this act, Australian law was made unequivocally sovereign, and the [[High Court of Australia]] 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.<ref>{{cite web |url=http://scaleplus.law.gov.au/html/pasteact/1/973/pdf/AustraliaAct86.pdf |title=Australia Act 1986 |format=pdf |publisher=Commonwealth of Australia |work=Office of Legislative Drafting, Attorney-General’s Department}}</ref> |
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The prime minister's power to select the ministry differs depending on their party. When the [[Liberal Party of Australia|Liberal Party]] and its predecessors (the [[Nationalist Party of Australia|Nationalist Party]] and the [[United Australia Party]]) have been in coalition with the [[National Party of Australia|National Party]] or its predecessor the [[National Party of Australia|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.<ref name=":3" /> |
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===Legislature=== |
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[[Image:ac.parliamenthouse1.jpg|thumb|300px|Parliament House, [[Canberra]]: the seat of the Parliament of Australia]] |
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{{main|Parliament of Australia}} |
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When [[Australian Labor Party|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 [[Australian Labor Party Caucus|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.<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 [[Kevin Rudd]], 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=[[ABC News (Australia)|ABC News]] |publisher=[[Australian Broadcasting Corporation]] |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 [[Labor Left|Left]] and [[Labor Right|Right]] 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> |
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The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The [[Australian Parliament]] is [[bicameral]], consisting of the [[Queen of Australia|Queen]], a 76-member [[Australian Senate|Senate]] and a 150-member [[Australian House of Representatives|House of Representatives]]. Twelve Senators from each state are elected for six-year terms, using [[proportional representation]] and the [[single transferable vote]] (known in Australia as "preferential voting": see [[Australian electoral system]]), with half elected every three years. |
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==The role of the King and the governor-general== |
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{{main|Monarchy of Australia|Governor-General of Australia}} |
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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 [[Walter Bagehot|Bagehot]] 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 [[Sir Isaac Isaacs]] 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 [or King'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'' [1949] St R Qd 54.</ref><ref>''Trade Agreement between the Governments of the Commonwealth of Australia and the Federation of Rhodesia and Nyasaland'' [https://www8.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/ATS/1955/10.html?context=1;query=%22Her%20majesty%27s%20government%22;mask_path=au/other/dfat/treaties {{bracket|1955}} ATS 5]</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 [[Federal Executive Council (Australia)|Federal Executive Council]], which is presided over by the governor-general. |
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In addition to the state Senators, two senators are elected by voters from the [[Northern Territory]] (which for this purpose includes the Indian Ocean Territories, [[Christmas Island]] and the [[Cocos (Keeling) Islands]]), while another two senators are elected by the voters of the [[Australian Capital Territory]] (which includes hhthe [[Jervis Bay Territory]] for this purpose). Senators from the territories are also elected using preferential voting, however, their term of office is not fixed: it starts on the day of a general election for the House of Representatives and ends the day before the next such election day. |
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Similarly, laws passed by both houses of parliament require [[royal assent]] 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> |
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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 [[Westminster system]], the leader of the political party or coalition of parties that wins a majority of the seats in the House of Representatives is named [[Prime Minister of Australia|Prime Minister]]. |
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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 [[the Dismissal]] of 1975. In that case, the Governor-General [[John Kerr (Governor-General)|Sir John Kerr]] 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. |
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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 most recent general election was on [[Australian federal election, 2007|24 November 2007]]. |
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== Federal Executive Council == |
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The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the [[Westminster system]], with a recognised [[List of Australian Opposition Leaders|Leader of the Opposition]], usually the leader of the largest party outside the government, and a [[Shadow Cabinet]] 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 [[Leader of the House (Australia)|Leader of the House]], and an Opposition frontbencher known as the [[Manager of Opposition Business]]. The current Leader of the Opposition in the federal Parliament is Brendan Nelson. |
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{{main|Federal Executive Council (Australia)}} |
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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 of Australia|governor-general]] usually presides at council meetings, but in his or her absence another minister nominated as the [[Vice-President of the Executive Council |vice-president of the Executive Council]] 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 [[Katy Gallagher]].<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=[[OpenAustralia Foundation]] |url-status=live }}</ref> |
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== |
==Departments== |
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{{see also|List of Australian Government entities}} |
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====Head of state==== |
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The [[Constitution of Australia|Australian Constitution]] dates from 1900, when the [[Dominion]]s of the [[British Empire]] were not sovereign states, and does not use the term "head of state". In practice, the role of head of state of Australia is divided between two people, the [[Queen of Australia]] and the [[Governor-General of Australia]], who is appointed by the Queen on the advice of the [[Prime Minister of Australia]]. Though in many respects the Governor-General is the Queen's representative, and exercises various constitutional powers in her name, he is also independently vested with many important constitutional powers by the Constitution. |
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{{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> |
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The [[Sovereign]] of Australia, currently [[Elizabeth II of the United Kingdom|Queen Elizabeth II]], is also the Sovereign of fifteen other [[Commonwealth Realm]]s including the [[United Kingdom]]. Like the other [[Dominion]]s, Australia gained legislative independence from the [[Parliament of the United Kingdom]] by virtue of the [[Statute of Westminster 1931]], which was adopted in Australia in [[1942]] with retrospective effect from [[3 September]] [[1939]]. By the [[Royal Style and Titles Act 1953]], the Australian Parliament gave the Queen the title [[Queen of Australia]], and in [[1973]] removed from the Queen's Australian style and titles any reference to her status as Queen of the United Kingdom and [[Defender of the Faith]]. |
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* [[Department of Agriculture, Fisheries and Forestry (Australia)|Department of Agriculture, Fisheries and Forestry]] |
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Section 61 of the Constitution provides that 'The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth'. Section 2 of the [[Constitution of Australia|Australian Constitution]] provides that a [[Governor-General of Australia|Governor-General]] shall represent the Queen in Australia. In practice, the Governor-General carries out all the functions usually performed by a head of state, without reference to the Queen. |
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* [[Attorney-General's Department (Australia)|Attorney-General's Department]] |
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* [[Department of Climate Change, Energy, the Environment and Water]] |
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* [[Department of Defence (Australia)|Department of Defence]] |
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* [[Department of Education (Australia)|Department of Education]] |
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* [[Department of Employment and Workplace Relations]] |
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* [[Department of Finance (Australia)|Department of Finance]] |
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* [[Department of Foreign Affairs and Trade (Australia)|Department of Foreign Affairs and Trade]] |
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* [[Department of Health and Aged Care]] |
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* [[Department of Home Affairs (Australia)|Department of Home Affairs]] |
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* [[Department of Industry, Science and Resources]] |
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* [[Department of Infrastructure, Transport, Regional Development, Communications and the Arts]] |
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* [[Department of the Prime Minister and Cabinet (Australia)|Department of the Prime Minister and Cabinet]] |
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* [[Department of Social Services (Australia)|Department of Social Services]] |
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* [[Department of the Treasury (Australia)|Department of the Treasury]] |
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* [[Department of Veterans' Affairs (Australia)|Department of Veterans' Affairs]] |
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Additionally, there are four departments which support the [[Parliament of Australia]]:<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=[[Parliament of Australia]]|publisher=Parliament of Australia|via=[[National Library of Australia]]}}{{cbignore|bot=medic}}</ref> |
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The question of whether the Queen is Australia's head of state became a political one during the [[1999 Australian republic referendum]], when opponents of the move to make Australia a republic claimed that Australia already had an Australian as head of state in the person of the Governor-General, who since 1965 has invariably been an Australian citizen. The current Governor-General, [[Michael Jeffery|Major General Michael Jeffery]], said in 2004: "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." However, in 2005, he declined to name the Queen as head of state, instead saying in response to a direct question, "The Queen is the Monarch and I represent her, and I carry out all the functions of head of state."<ref>{{cite press release |
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* [[Department of Parliamentary Services]] |
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| title = The Governor-General is Interviewed by Greg Turnbull on the Ten Network's Meet The Press | publisher = Office of the Governor-General | date =[[2005-05-29]] | url = http://www.gg.gov.au/governorgeneral/news.php?action=view&id=40 | accessdate = 2007-01-18}}</ref> The Governor-General represents Australia internationally, making and receiving State visits.<ref>{{cite press release | title = Media Release by the Prime Minister - Major General Jeffery as Australia's 24th Governor-General | publisher = Office of the Governor-General | date = [[2006-06-16]] | url = http://www.gg.gov.au/governorgeneral/news.php?action=view&id=15 | accessdate = 2007-01-18 }}</ref><ref>{{cite press release | title = Statement by the Governor-General - State Visit to China | publisher = Office of the Governor-General | date = [[2005-10-07]] | url = http://www.gg.gov.au/governorgeneral/news.php?action=view&id=34 | accessdate = 2007-01-18}}</ref> |
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* [[Australian House of Representatives|Department of the House of Representatives]] |
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* [[Department of the Senate]] |
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* [[Parliamentary Budget Office]] |
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==Publicly owned entities== |
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{{See|De facto head of state}} |
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===Corporations prescribed by acts of parliament=== |
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Under the conventions of the [[Westminster system]] the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains [[reserve powers]] similar to those possessed by the Queen in the [[United Kingdom]]. These are rarely exercised, but during the [[Australian constitutional crisis of 1975]] Governor-General [[Sir John Kerr]] used them independently of the Queen and the Prime Minister. |
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The following corporations are prescribed by Acts of Parliament: |
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* [[Australian Broadcasting Corporation]]<ref>{{Cite Legislation AU|Cth|act|abca1983361|Australian Broadcasting Corporation Act 1983}}</ref> |
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Australia has periodically experienced movements seeking to end the monarchy. In a [[1999 Australian republic referendum|1999 referendum]], the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the [[Queen of Australia|Queen]] from the Constitution and replaced the [[Governor-General of Australia|Governor-General]] with a [[President]] 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 [[Australian Republican Movement]] continues to campaign for an end to the monarchy in Australia, opposed by [[Australians for Constitutional Monarchy]]. |
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* [[Clean Energy Finance Corporation]]<ref>{{Cite Legislation AU|Cth|act|cefca2012297|Clean Energy Finance Corporation Act 2012}}</ref> |
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* [[Special Broadcasting Service]]<ref>{{Cite Legislation AU|Cth|act|sbsa1991254|Special Broadcasting Service Act 1991}}</ref> |
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===Government Business Enterprises=== |
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{{see|Constitutional history of Australia|Australian republicanism}} |
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{{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> |
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* [[Australia Post]] |
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====Executive Council==== |
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* [[Defence Housing Australia]] |
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{{main|Federal Executive Council}} |
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The following Commonwealth companies are prescribed as GBEs:<ref name="gbe"/> |
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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 [[President of the Executive Council|presides]] at Council meetings, but a Minister with the title [[Vice-President of the Executive Council]] serves as the link between the government and the Council. |
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* [[ASC Pty Ltd|Australian Submarine Corporation]] |
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* Australian Naval Infrastructure |
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* [[Australian Rail Track Corporation]] |
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* National Intermodal Corporation |
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* [[NBN Co]] |
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* [[Snowy Hydro Limited|Snowy Hydro]] |
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* [[Western Sydney Airport]] |
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===Other public non-financial corporations=== |
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====Cabinet==== |
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* [[Airservices Australia]] |
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==See also== |
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The [[Constitution of Australia]] does not recognise the [[Cabinet]], and its decisions have no legal force. All members of the ministry must be sworn as members of the [[Executive Council (Australia)|Executive Council]], a body which is 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 [[Vice-President of the Executive Council]]. |
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* [[Australian Public Service]] |
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* [[Referendums in Australia]] |
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* [[States and territories of Australia]] |
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* [[Timeline of the expansion of federal powers in Australia]] |
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==Notes== |
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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 [[Gough Whitlam|Whitlam]] Government. |
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{{Notelist}} |
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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 [[Liberal Party of Australia|Liberal Party]] and its predecessors (the [[Nationalist Party of Australia|Nationalist Party]] and the [[United Australia Party]]) have been in coalition with the [[National Party of Australia|National Party]] or its predecessor the [[National Party of Australia|Country Party]], 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. |
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When the [[Australian Labor Party|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. Both prior to and following the [[Australian general election, 2007|2007 general election]], the then Leader of the Opposition (and now Prime Minister), [[Kevin Rudd]], said that he and he alone will choose the ministry.<ref>{{Cite news |url=http://www.abc.net.au/news/stories/2007/09/29/2046939.htm |title=Rudd seizes power from factions |publisher=Australian Broadcasting Corporation |date=[[2007-09-11]] |first=Ben |last=Worsley}}</ref> |
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The cabinet not only meets in Canberra but also various other Australian state capitals, most frequently Sydney and Melbourne. Kevin Rudd has said that he is in favour of the Cabinet meeting in other places, such as major regional cities.<ref>{{Cite news |title=Cutting bureaucracy won't hurt services: Rudd |url=http://www.abc.net.au/news/stories/2007/11/21/2097424.htm |publisher=Australian Broadcasting Corporation |work=News Online |date=[[2007-11-21]] |accessed=2007-11-28}}</ref> The [[Commonwealth Parliament Offices, Sydney|Commonwealth Parliament Offices]] in Sydney are located in [[Phillip Street, Sydney|Phillip Street]]. |
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{{Main|List of Australian Ministers}} |
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{{Cabinet of Australia}} |
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{{See also|Australian Commonwealth ministries 1901-2004}} |
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====Departments==== |
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{{main|List of Australian Government Departments}} |
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====Caretaker governments==== |
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{{main|Caretaker government of Australia}} |
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There are times when the government acts in a "caretaker" capacity, principally in the period prior to and immediately following a general election. |
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===Judiciary=== |
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{{main|Australian court hierarchy}} |
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The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. |
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* [[High Court of Australia]] |
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* [[Federal Court of Australia]] |
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* [[Family Court of Australia]] |
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* [[Federal Magistrates' Court of Australia]] |
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* [[Administrative Appeals Tribunal]] |
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==Footnote== |
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{{Note|signing}} Prior to 1931, the junior status of dominions was shown in the fact that it was British ministers who advised the King, with dominion ministers, if they met the King at all, escorted by the constitutionally superior British minister. After 1931 all dominion ministers met the King as ''His'' ministers as of right, equal in Commonwealth status to Britain's ministers, meaning that there was no longer either a requirement for, or an acceptance of, the presence of British ministers. The first state to exercise this both symbolic and real independence was the [[Irish Free State]]. Australia and other dominions soon followed. |
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==References== |
==References== |
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{{ |
{{Reflist}} |
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==External links== |
==External links== |
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{{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=government of Australia}} |
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* [http://www.australia.gov.au Australian Federal Government] |
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* {{URL|directory.gov.au|Australian government directory}} |
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* {{URL|aph.gov.au|Parliament of Australia website}} |
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{{Navboxes |
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===Government departments=== |
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|title = Articles related to Australian Government |
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* [http://www.dpmc.gov.au Department of Prime Minister and Cabinet] |
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|list = |
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* [http://www.daff.gov.au/ Department of Agriculture, Fisheries and Forestry] |
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{{Australia topic|title=Government of Australia|prefix=Government of}} |
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* [http://www.ag.gov.au/ Attorney-General's Department] |
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{{Governments of Australia}} |
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* [http://www.defence.gov.au/ Department of Defence] |
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{{Oceania topic|Government of|title=Governments of Oceania}} |
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* [http://www.dest.gov.au/ Department of Education, Science and Training] |
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{{Australia topics}} |
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* [http://www.dewr.gov.au/ Department of Employment and Workplace Relations] |
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{{Australian Government Departments}} |
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* [http://www.environment.gov.au/ Department of the Environment and Water Resources] |
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}} |
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* [http://www.facs.gov.au/ Department of Families, Community Services and Indigenous Affairs] |
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* [http://www.dfat.gov.au/ Department of Foreign Affairs and Trade] |
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* [http://www.health.gov.au/ Department of Health and Ageing] |
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* [http://www.immi.gov.au/ Department of Immigration and Citizenship] |
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* [http://www.humanservices.gov.au/ Department of Human Services] |
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* [http://www.industry.gov.au/ Department of Industry, Tourism and Resources] |
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* [http://www.dotars.gov.au/ Department of Transport and Regional Services] |
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* [http://www.treasury.gov.au/home.asp?ContentID=521 Department of the Treasury] |
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* [http://www.dva.gov.au/ Department of Veterans' Affairs] |
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{{Authority control}} |
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<br/>{{Politics of Australia}} |
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{{DEFAULTSORT:Australian Government}} |
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<!--Categories--> |
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[[Category:Government of Australia| ]] |
[[Category:Government of Australia| ]] |
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[[Category:Westminster system]] |
[[Category:Westminster system governments|Australia]] |
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<!--Other languages--> |
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[[fr:Gouvernement de l'Australie]] |
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Latest revision as of 00:08, 8 December 2024
| Commonwealth Government | |
|---|---|
 | |
| Overview | |
| Established | 1 January 1901 |
| 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[a] |
| Annual budget |  $668.1 billion (2023–24)[3] |
| Headquarters | Executive wing, Parliament House, Canberra |
| Website | Government Directory |
| This article is part of a series on the |
| Politics of Australia |
|---|
 |
| Constitution |
|
|
 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[4] (the lower house) and also includes the departments and other executive bodies that ministers oversee.[5] The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election.[7]
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).[8] The governor-general normally appoints the parliamentary leader who commands the confidence of a majority of the members of the House of Representatives.[9][10] Also by convention, the prime minister is a member of the lower house.[11]
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.[4] 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).[12] However, in accordance with responsible government, and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament.[13]
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.[14]
Name
[edit]The name of the government in the Constitution of Australia is the "Government of the Commonwealth".[15] This was the name used in many early federal government publications.[16]
However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations.[17] The Whitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations.[b][20][16] 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.[21] 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.[22] This terminology remains preferred by the government.[23] However, the terms Commonwealth Government and federal government are also common.[24]
In some contexts, the term "government" refers to all public agencies that exercise the power of the State, whether legislative, executive or judicial.[25][26]
Executive power
[edit] | This article is written like a personal reflection, personal essay, or argumentative essay that states a Wikipedia editor's personal feelings or presents an original argument about a topic. (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 public servants, police, government departments and independent statutory bodies who directly implement policy and laws.[27][28]
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.[29] 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.[30] 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.[31]
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.[32] 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".[33] They have been found to include the power to provide financial stimulus payments to households during a financial crisis[34] and the power to prevent "unlawful non-citizens" from entering the country.[35]
Ministers
[edit]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[36][37]), responsible for a specific policy area, reporting directly to a cabinet minister.[38][39][40]
Cabinet
[edit]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 cabinet reshuffle.[41] 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.[42] 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.[43]
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.[44] 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.[45]
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.[38]
Ministerial selection
[edit]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.[41]
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.[46] However, in 2007 Prime Minister Kevin Rudd, assumed the power to choose the ministry alone.[47] Later, the caucus regained this power in 2013.[48] 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.[49]
The role of the King and the governor-general
[edit]The King is not involved with the day-to-day operations of the government,[8] belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government.[50][51] 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[52] (but since the appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers).[53] 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 [or King's] Ministers of State".[54][58] 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.[59]
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.[60] 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.[61][62] The propriety of the use of the powers during that event remain highly contested.
Federal Executive Council
[edit]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.[63] Since 1 June 2022, the vice-president has been senator Katy Gallagher.[64]
Departments
[edit]As of 17 August 2024[update], there are 16 departments of the Australian Government.[65]
- 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:[66]
- Department of Parliamentary Services
- Department of the House of Representatives
- Department of the Senate
- Parliamentary Budget Office
Publicly owned entities
[edit]Corporations prescribed by acts of parliament
[edit]The following corporations are prescribed by Acts of Parliament:
- Australian Broadcasting Corporation[67]
- Clean Energy Finance Corporation[68]
- Special Broadcasting Service[69]
Government Business Enterprises
[edit]As of March 2024[update], the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs):[70]
The following Commonwealth companies are prescribed as GBEs:[70]
- 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
[edit]See also
[edit]- Australian Public Service
- Referendums in Australia
- States and territories of Australia
- Timeline of the expansion of federal powers in Australia
Notes
[edit]- ^ The precise responsibility of the government to House versus the Parliament as a whole is disputed. See 1975 Australian Constitutional Crisis.[1][2]
- ^ 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.[18] 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".[19]
References
[edit]- ^ Bach, Stanley (2003). "The Crisis of 1974–75". Platypus and Parliament: the Australian Senate in Theory and Practice. Canberra, ACT: Department of the Senate. ISBN 978-0-642-71291-2.
- ^ "Government and Parliament". House of Representatives Practice (7th ed.). Canberra, Australia: Department of the House of Representatives. 10 May 2018.
- ^ Chalmers, Jim (9 May 2023). "Budget Paper 1: Budget Strategy and Outlook" (PDF). Australian Government Budget 2023–24. p. 90. Retrieved 11 March 2024.
- ^ a b "Infosheet 19 - The House, government and opposition". Australian Parliament House. Retrieved 2 March 2024.
- ^ "Government". Parliamentary Education Office. Australian Government. 13 October 2023. Archived from the original on 15 November 2023. Retrieved 15 November 2023.
- ^ "Which members of the government are considered a part of the Executive government and the Cabinet?". Parliamentary Education Office. Australian Government. 14 December 2023.
- ^ 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.[6]
- ^ a b "Infosheet 20 - The Australian system of government". Parliament of Australia. Archived from the original on 22 September 2023. Retrieved 26 November 2023.
- ^ "About the House of Representatives". Parliament of Australia. Archived from the original on 12 March 2023. Retrieved 3 June 2023.
- ^ "The role of the Governor-General". The Governor-General of the Commonwealth of Australia. Archived from the original on 27 February 2023.
- ^ "Prime Minister". Parliamentary Education Office. 31 October 2023. Archived from the original on 26 October 2023. Retrieved 26 November 2023.
- ^ "Ministers and shadow ministers". Parliamentary Education Office. 10 November 2023. Archived from the original on 12 December 2023. Retrieved 26 November 2023.
- ^ "Cabinet". Parliamentary Education Office. 10 November 2023. Archived from the original on 26 November 2023. Retrieved 26 November 2023.
- ^ "Australian Capital Territory". Study Australia. Australian Trade and Investment Commission. Archived from the original on 26 May 2020.
- ^ Constitution of Australia (Cth) s 4.
- ^ a b "The term 'Australian Government'". Australian Law Journal. 48 (1): 1–3. 1974 – via Westlaw.
- ^ "Question: Commonwealth of Australia". House of Representatives Official Hansard. Vol. 1965, no. 42. 20 October 1965. p. 1976.
- ^ Parliamentary Debates: House of Representatives Official Hansard. 20 October 1966. p. 2048.
- ^ Parliamentary Debates: Senate Official Hansard. 18 October 1973. p. 1318.
- ^ Curran, James (2004). The Power of Speech, Australian Prime Ministers defining the national image. Melbourne University Press. pp. 89–90. ISBN 0522850987.
- ^ Twomey, Anne (2006). The Chameleon Crown. Sydney: Federation Press. pp. 113–14. ISBN 978-1-86287-629-3 – via Internet Archive.
- ^ Lundie, Rob; Horne, Nicholas (22 July 2020). "'What's the difference?': explaining parliamentary terms". Parliament of Australia. Retrieved 28 February 2024.
- ^ "Government terms". Australian Style Guide. 31 March 2023.
- ^ "1. Introduction to Australia and its system of government". Department of Foreign Affairs and Trade. Retrieved 2 March 2024.
- ^ Quick, John; Garran, Robert (1901). The Annotated Constitution of the Australian Commonwealth. Sydney: Angus & Robertson. p. 699 – via Internet Archive.
- ^ Pyke, John (2020). Government powers under a Federal Constitution: constitutional law in Australia (2nd ed.). Pyrmont, NSW: Lawbook Co. p. 3. ISBN 978-0-455-24415-0. OCLC 1140000411.
- ^ "Separation of powers: Parliament, Executive and Judiciary". Parliamentary Education Office. Archived from the original on 31 October 2023. Retrieved 8 November 2023.
- ^ Appleby, Gabrielle (14 September 2023). "Explainer: what is executive government and what does it have to do with the Voice to Parliament?". UNSW Newsroom. University of New South Wales. Archived from the original on 14 November 2023. Retrieved 14 November 2023.
- ^ Moore, Cameroon (2017). Crown and Sword: Executive Power and the Use of Force by the Australian Defence Force. Canberra: ANU Press. p. 10. doi:10.22459/CS.11.2017. ISBN 9781760461553. JSTOR j.ctt1zgwk12.6.
- ^ "Inappropriate Delegation of Legislative Power". Senate Standing Committee for the Scrutiny of Bills. The Committee. September 2008. ISBN 978-0-642-71951-5. Archived from the original on 29 November 2023.
- ^ Greentree, Catherine Dale (2020). "The Commonwealth Executive Power: Historical Constitutional Origins and the Future of the Prerogative" (PDF). University of New South Wales Law Journal. 43 (3). doi:10.53637/GJLF5868. Archived (PDF) from the original on 18 November 2023. Retrieved 14 November 2023.
- ^ Stephenson, Peta (2018). "Nationhood and Section 61 of the Constitution" (PDF). University of Western Australia Law Review. 43 (2). Archived (PDF) from the original on 14 November 2023. Retrieved 14 November 2023 – via Austlii.
- ^ Victoria v Commonwealth [1975] HCA 52 at para 19 of Mason J's opinion, (1975) 134 CLR 338
- ^ Pape v Commissioner of Taxation [2009] HCA 23, (2009) 238 CLR 1
- ^ Ruddock v Vadarlis [2001] FCA 1329, (2001) 110 FCR 491 (18 September 2001), Federal Court (Full Court) (Australia)
- ^ Ministers of State Act 1952 (Cth) s 4
- ^ "Appointments revoked, appointments made by the Governor-General". Federal Register of Legislation. Australian Government. 31 May 2023. Gazette ID: C2023G00600.
- ^ a b York, Barry (24 September 2015). "The Cabinet". Museum of Australian Democracy at Old Parliament House. Archived from the original on 26 June 2023. Retrieved 5 August 2023.
- ^ "Albanese Government full Ministry". Prime Minister of Australia. 31 May 2022. Retrieved 2 March 2024.
- ^ Elder, David; Wright, B. C. (June 2018). "The Ministry". House of Representatives Practice (7th ed.). Department of the House of Representatives. Parliamentary Secretaries. ISBN 978-1-74366-656-2.
- ^ a b "Cabinet". House of Representatives Practice (7th edition). Parliament of Australia. June 2018. Archived from the original on 12 March 2023. Retrieved 5 August 2023.
- ^ "Why is it that the Prime Minister and Cabinet are not mentioned in the Australian Constitution?". Parliamentary Education Office. Archived from the original on 26 June 2023. Retrieved 5 August 2023.
- ^ "Federal Executive Council". House of Representatives Practice (7th edition). Parliament of Australia. June 2018. Archived from the original on 27 June 2023. Retrieved 5 August 2023.
- ^ "Cutting bureaucracy won't hurt services: Rudd". ABC News. Australian Broadcasting Corporation. 21 November 2007. Archived from the original on 23 November 2007. Retrieved 28 November 2007.
- ^ "Commonwealth Parliament Offices (CPOs)". Ministerial and Parliamentary Services. 30 September 2020. Archived from the original on 26 June 2023. Retrieved 5 August 2023.
- ^ "The Ministry". House of Representatives Practice (7th edition). Parliament of Australia. June 2018. Archived from the original on 28 April 2023. Retrieved 5 August 2023.
- ^ Worsley, Ben (11 September 2007). "Rudd seizes power from factions". ABC News. Australian Broadcasting Corporation. Archived from the original on 15 October 2007.
- ^ Grattan, Michelle (8 July 2013). "No more coups against Labor PMs under new Rudd rules". The Conversation.
- ^ Massola, James (14 February 2021). "What are Labor's factions and who's who in the Left and Right?". The Sydney Morning Herald.
- ^ Bagehot, Walter (1895). The English constitution: and Other Political Essays. New York: Appleton & Company. OL 24399357M.
- ^ Pyke, John (2020). Government powers under a Federal Constitution: Constitutional Law in Australia (2nd ed.). Pyrmont, NSW: Lawbook Co (Thomas Reuters). pp. 283–6. ISBN 978-0-455-24415-0.
- ^ Constitution (Cth) s 62
- ^ Wright, B. C.; Fowler, P. E., eds. (June 2018). "Governor-General". House of Representatives Practice (PDF) (7th ed.). Canberra, Australia: Department of the House of Representatives. p. 2. ISBN 978-1-74366-654-8. Archived (PDF) from the original on 20 January 2024. Retrieved 29 November 2023.
- ^ Constitution of Australia (Cth) s 64
- ^ "Australian - New Zealand Agreement 1944". Department of Foreign Affairs and Trade. Australian Government. 21 January 1944.
- ^ Van Heyningen v Netherlands-Indies Government [1949] St R Qd 54.
- ^ Trade Agreement between the Governments of the Commonwealth of Australia and the Federation of Rhodesia and Nyasaland [1955] ATS 5
- ^ 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.[55][56][57]
- ^ Constitution (Cth) s 1; Constitution (Cth) s 58
- ^ "Who has more power, the Governor-General or the Prime Minister?". The Parliamentary Education Office (PEO). Archived from the original on 25 March 2023. Retrieved 5 August 2023.
- ^ "What are reserve powers?". The Parliamentary Education Office (PEO). Archived from the original on 12 March 2023. Retrieved 5 August 2023.
- ^ "Reserve Powers and the Whitlam dismissal". Rule of Law Education Centre. Archived from the original on 18 March 2022. Retrieved 5 August 2023.
- ^ "Federal Executive Council Handbook 2021" (PDF). Department of the Prime Minister and Cabinet of Australia. Archived (PDF) from the original on 3 March 2023. Retrieved 5 August 2023.
- ^ "Senator Katy Gallagher, ACT". OpenAustralia.org. OpenAustralia Foundation. Archived from the original on 11 March 2023. Retrieved 5 August 2023.
- ^ "Administrative Arrangements Order". Federal Register of Legislation. Australian Government. 29 July 2024.
- ^ "Parliamentary Departments". Parliament of Australia. Parliament of Australia. Archived from the original on 5 June 2021. Retrieved 17 July 2021 – via National Library of Australia.
- ^ Australian Broadcasting Corporation Act 1983 (Cth)
- ^ Clean Energy Finance Corporation Act 2012 (Cth)
- ^ Special Broadcasting Service Act 1991 (Cth)
- ^ a b "Government Business Enterprises". Department of Finance. Australian Government. 27 September 2023.
External links
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