Government of Australia
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- This article describes the federal government of Australia. See Australian governments for other jurisdictions.
Federalism
The Australian Constitution creates a federal legislature, the Parliament of the Commonwealth (Section 1). The bicameral parliament consists of the Queen and two houses, the Senate and the House of Representatives (Section 1). 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.
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":
- a majority of all votes, and
- a majority of votes in a majority of States.
In addition, Australia has several territories, three of which are self-governing: the Australian Capital Territory, the Northern Territory 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.
Australia's other territories that are regularly inhabited (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. Federally, Australian citizens living in Christmas Island and the Cocos Islands are represented by the Northern Territory Member for Lingiari in the House of Representatives and in the Senate by the Northern Territory Senators. Citizens from the Australian Capital Territory are represented by the ACT Member for Fraser and Senators for the ACT. [link]
The federal nature of the Commonwealth and the structure of the Parliament of Australia was the subject of protracted negotiations among the colonies during the drafting of the Constitution. The 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 third level of government after the Commonwealth and the States is 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.
Separation of power
Government is undertaken by three inter-connected arms of government:
- Legislature - The Commonwealth Parliament
- Executive - The Sovereign, whose executive power is exercisable by The Governor-General, the Prime Minister, the Cabinet Ministers, Ministers and their Departments
- Judiciary - The High Court of Australia and subsidiary Federal courts.
- the Legislature proposes laws in the form of Bills, and provides a legislative framework for the operations of the other two arms.
- the Executive enacts the laws by Royal Assent, administers the laws and carries out the tasks assigned to it by legislation;
- the Judiciary hears cases arising from the administration of the law, using both statute law and the common law. The Australian courts cannot give advisory opinions on the constitutionality of laws.
- the other arms cannot influence the Judiciary.
Legislature
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, a 76-member Senate and a 150-member 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.
In addition to the state Senators, two sentaors are elected by voters from the Northern Territory and 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 and the Jervis Bay Territory. Senators from the territories are also elected using preferential voting, however, their term of office is only three-years.
The members of the House of Representatives are elected by preferential voting from single-member constituencies allocated among the states and territories roughly in proportion to population. In ordinary legislation, the two chambers have coordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing 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.
The Prime Minister and the Cabinet are responsible to the Parliament, of which they must be elected members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The last general election was in October 2004.
The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the Westminster system, with a recognised 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, and an Opposition frontbencher known as the Manager of Opposition Business. The current Leader of the Opposition in the federal Parliament is Kim Beazley. The Manager of Opposition Business is Julia Gillard.
Executive
Head of state
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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 Australian Constitution provides that a Governor-General shall represent the Queen in Australia and the Governor-General carries out virtually all the functions of a head of state, without reference to the Queen. The Governor-General is appointed by the Queen, on the advice of the Prime Minister of Australia. The current Governor-General, 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 the Governor-General does not represent Australia internationally. Where he travels, he travels as the representative of the Queen of Australia, and it is she, not he, for example, who is toasted by international leaders at state dinners, etc. See De facto head of state.
Although it is the both the official view of the Australian Government and the view of the majority of constitutional experts that the Queen of Australia is Australia's head of state, some Australians maintain that since the Governor-General carries virtually all the functions of a head of state, the Governor-General ought to be regarded as Australia's head of state.
Under the conventions of the Westminister 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 demonstrated a willingness to use them independently of the Queen.
Australia has periodically experienced movements seeking to end the monarchy. In a 1999 referendum, the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the Queen from the Constitution and replaced the 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.
- For more information, see constitutional history of Australia and Australian republicanism.
Executive Council
The Federal Executive Council consists of the Governor-General, the Prime Minister and Ministers. It is a formal body which exists to give legal effect to decisions made by the Cabinet, and to carry out various other functions. Members of the Executive Council are entitled to be styled "The Honourable", a title which they retain for life. The Governor-General usually presides at Council meetings, but a Minister with the title Vice-President of the Executive Council serves as the link between the government and the Council.
Cabinet
The Constitution of Australia does not recognise the Cabinet as a legal entity, and its decisions have no legal force. All members of the ministry are also members of the 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.
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. This practice has been continued by all governments except the Whitlam Government.
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 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 his party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios.
When the 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 this practice has been followed ever since. The Prime Minister retains the right to allocate portfolios. In practice, Labor Prime Ministers have exercised a predominant influence over who has been elected to Labor Cabinets, although the leaders of the party factions also exercise considerable influence. Cabinet Ministers:
| Minister | Current Minister |
|---|---|
| Prime Minister | John Howard |
| Deputy Prime Minister | Mark Vaile |
| Minister for Trade | Mark Vaile |
| Treasurer | Peter Costello |
| Minister for Foreign Affairs | Alexander Downer |
| Minister for Defence | Brendan Nelson |
| Minister for Finance and Administration | Nick Minchin |
| Minister for Health and Ageing | Tony Abbott |
| Attorney-General | Philip Ruddock |
| Minister for the Environment and Heritage | Ian Campbell |
| Minister for Communications, Information Technology and the Arts | Helen Coonan |
| Minister for Transport and Regional Services | Warren Truss |
| Minister for Immigration and Multicultural Affairs | Amanda Vanstone |
| Minister for Education, Science and Training | Julie Bishop |
| Minister for Families, Community Services and Indigenous Affairs | Mal Brough |
| Minister for Industry, Tourism and Resources | Ian Macfarlane |
| Minister for Employment and Workplace Relations | Kevin Andrews |
| Minister for Agriculture, Fisheries and Forestry | Peter McGauran |
Departments
Judiciary
The Judiciary interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment.
- High Court of Australia
- Federal Court of Australia
- Family Court of Australia
- Federal Magistrates Court
- Administrative Appeals Tribunal
Footnote
↑ 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.External links
- [Australian Federal Government]
- [Australian Republican Movement]
- [Australians for a Constitutional Monarchy]
Government departments
- [Department of Prime Minister and Cabinet]
- [Department of Agriculture, Fisheries and Forestry]
- [Attorney-General's Department]
- [Department of Defence]
- [Department of Education, Science and Training]
- [Department of Employment and Workplace Relations]
- [Department of the Environment and Heritage]
- [Department of Families, Community Services and Indigenous Affairs]
- [Department of Foreign Affairs and Trade]
- [Department of Health and Ageing]
- [Department of Immigration and Multicultural Affairs]
- [Department of Human Services]
- [Department of Industry, Tourism and Resources]
- [Department of Transport and Regional Services]
- [Department of the Treasury]
- [Department of Veterans' Affairs]
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