Australian Government

This article is about the federal government of Australia. For the political structure of Australia, see Politics of Australia. For the second level of government, see States and territories of Australia. For the third level, see Local government in Australia.

The Australian Government, also known as the Commonwealth Government, is the national government of the Commonwealth of Australia, a federal parliamentary constitutional monarchy. The executive government consists of the prime minister and other ministers that currently have the support of a majority of members of the House of Representatives^[2] (the lower house) and in some contexts also includes the departments and other executive bodies that ministers oversee.^[3] The current executive government consists of Anthony Albanese and other Australian Labor Party ministers, in place since the 2022 federal election.^[5]

Government of the Commonwealth
Federal government
Overview
Established	1 January 1901; 123 years ago (1901-01-01)
Leader	Prime Minister (Anthony Albanese)
Appointed by	Governor-General (David Hurley)
Main organ	Federal Executive Council (de jure) Cabinet of Australia (de facto)
Ministries	16 government departments (2024)
Responsible to	Commonwealth Parliament
Annual budget	$668.1 billion (2023–24)^[1]
Headquarters	Parliament House, Canberra
Website	Government Directory

The prime minister is the head of the government and is appointed to the role by the governor-general (the King's representative).^[6] The governor-general normally appoints the parliamentary leader who has the support of a majority of members in the House of Representatives.^[7][8] By convention, the prime minister is a member of the lower house.^[9]

The prime minister and cabinet ministers form the cabinet, the key decision-making organ of the government that forms policy and decides the agenda of the government.^[2] 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 King).^[10] However, in accordance with responsible government, this also requires the actions of the government in its executive capacity to be subject to scrutiny from parliament.^[11]

The government is based in the nation's capital, Canberra, in the Australian Capital Territory. The head offices of all sixteen federal departments lie in Canberra, along with Parliament House and the High Court.^[12][13] The government must act in accordance with law and the Australian Constitution.

Name

The name of the government in the Constitution of Australia is the "Government of the Commonwealth".^[14] This was the name used in many early federal government publications.^[15]

However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations.^[16] The Whitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations.^[17][15] 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.^[18] 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.^[19] This terminology remains preferred by the government.^[20] However, the terms Commonwealth Government and federal government are also common.^[21]

In some contexts, the term "government" refers to all public agencies that exercise the power of the State, whether legislative, executive or judicial.^[22][23]

Executive power

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.^[24][25]

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.^[26] 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.^[27] 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.^[28]

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.^[29] 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".^[30] They have been found to include the power to provide financial stimulus payments to households during a financial crisis^[31] and the power to prevent "unlawful non-citizens" from entering the country.^[32]

There are times when the government acts in a caretaker capacity, principally in the period before and immediately following a general election.^[33]

The role of the King and the governor-general

Main articles: Monarchy of Australia and Governor-General of Australia

The King is not involved with the day-to-day operations of the government,^[6] belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government.^[34][35] 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^[36] (but since the appointing of Sir Isaacs Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers).^[37] 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".^[38][42] As such, while government ministers make most major decisions in cabinet, 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.^[43]

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.^[44] Reserve powers are rarely exercised, with 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.^[45][46] The validity of the use of the powers during that event remain highly contested.

Federal Executive council

Main article: Federal Executive Council (Australia)

The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as the vice-president of the Executive Council presides at the meeting of the council.^[47] Since 1 June 2022, the vice-president has been senator Katy Gallagher.^[48]

Cabinet

Main article: Cabinet of Australia

The cabinet of Australia is the de facto highest executive body of the government. It 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.^[49] Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries^[50][51]), responsible for a specific policy area, reporting directly to a cabinet minister.^[52][53][54]

The Constitution of Australia does not recognise the cabinet as 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.^[55] 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.^[56]

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.^[52]

The prime minister makes all cabinet and ministerial appointments at their discretion, although in practice they consult 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 their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios.^[49]

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.^[57] Prior to the 2007 general election, the then Leader of the Opposition, Kevin Rudd, said that he and he alone would choose the ministry should he become prime minister. His party won the election and he chose the ministry, as he said he would.^[58]

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.^[59] There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street.^[60]

Departments

See also: List of Australian Government entities

As of 12 March 2024^[update], there are 16 departments of the Australian Government.^[61]

• 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:^[62]

• Department of Parliamentary Services
• Department of the House of Representatives
• Department of the Senate
• Parliamentary Budget Office

Publicly owned entities

Corporations prescribed by acts of parliament

The following corporations are prescribed by Acts of Parliament:

• Australian Broadcasting Corporation^[63]
• Clean Energy Finance Corporation^[64]
• Special Broadcasting Service^[65]

Government Business Enterprises

As of March 2024^[update], the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs):^[66]

• Australia Post
• Defence Housing Australia

The following Commonwealth companies are prescribed as GBEs:^[66]

• 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

• Airservices Australia

See also

• Australian Public Service
• Referendums in Australia
• States and territories of Australia
• Timeline of the expansion of federal powers in Australia

References

1. Chalmers, Jim (9 May 2023). "Budget Paper 1: Budget Strategy and Outlook" (PDF). Australian Government Budget 2023–24. p. 90. Retrieved 11 March 2024.
2. "Infosheet 19 - The House, government and opposition". Australian Parliament House. Retrieved 2 March 2024.
3. "Government". Parliamentary Education Office. Australian Government. 13 October 2023. from the original on 15 November 2023. Retrieved 15 November 2023.
4. "Which members of the government are considered a part of the Executive government and the Cabinet?". Parliamentary Education Office. Australian Government. 14 December 2023.
5. 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. ^[4]
6. "Infosheet 20 - The Australian system of government". Parliament of Australia. from the original on 22 September 2023. Retrieved 26 November 2023.
7. "About the House of Representatives". Parliament of Australia. Archived from the original on 12 March 2023. Retrieved 3 June 2023.
8. "The role of the Governor-General". The Governor-General of the Commonwealth of Australia. Archived from the original on 27 February 2023.
9. "Prime Minister". Parliamentary Education Office. 31 October 2023. from the original on 26 October 2023. Retrieved 26 November 2023.
10. "Ministers and shadow ministers". Parliamentary Education Office. 10 November 2023. from the original on 12 December 2023. Retrieved 26 November 2023.
11. "Cabinet". Parliamentary Education Office. 10 November 2023. from the original on 26 November 2023. Retrieved 26 November 2023.
12. "Australian Capital Territory". Study Australia. Australian Trade and Investment Commission. Archived from the original on 26 May 2020.
13. "Contact us". High Court of Australia. High Court of Australia. Archived from the original on 15 April 2020. Retrieved 31 May 2020 – via National Library of Australia.
14. Constitution of Australia (Cth) s 4
15. "The term 'Australian Government'". Australian Law Journal. 48 (1): 1–3. 1974 – via Westlaw.
16. "Question: Commonwealth of Australia". House of Representatives Official Hansard. Vol. 1965, no. 42. 20 October 1965. p. 1976.
17. Curran, James (2004). The Power of Speech, Australian Prime Ministers defining the national image. Melbourne University Press. pp. 89–90. ISBN 0522850987.
18. Twomey, Anne (2006). The Chameleon Crown. Sydney: Federation Press. pp. 113–14. ISBN 978-1-86287-629-3 – via Internet Archive.
19. Lundie, Rob; Horne, Nicholas (22 July 2020). "'What's the difference?': explaining parliamentary terms". Parliament of Australia. Retrieved 28 February 2024.
20. "Government terms". Australian Style Guide. 31 March 2023.
21. "1. Introduction to Australia and its system of government". Department of Foreign Affairs and Trade. Retrieved 2 March 2024.
22. Quick, John; Garran, Robert (1901). The Annotated Constitution of the Australian Commonwealth. Sydney: Angus & Robertson. p. 699 – via Internet Archive.
23. 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.
24. "Separation of powers: Parliament, Executive and Judiciary". Parliamentary Education Office. from the original on 31 October 2023. Retrieved 8 November 2023.
25. 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. from the original on 14 November 2023. Retrieved 14 November 2023.
26. 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.
27. "Inappropriate Delegation of Legislative Power". Senate Standing Committee for the Scrutiny of Bills. September 2008. ISBN 978-0-642-71951-5. from the original on 29 November 2023.
28. 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. (PDF) from the original on 18 November 2023. Retrieved 14 November 2023.
29. Stephenson, Peta (2018). "Nationhood and Section 61 of the Constitution" (PDF). University of Western Australia Law Review. 43 (2). (PDF) from the original on 14 November 2023. Retrieved 14 November 2023 – via Austlii.
30. Victoria v Commonwealth [1975] HCA 52 at para 19 of Mason J's opinion, (1975) 134 CLR 338
31. Pape v Commissioner of Taxation [2009] HCA 23, (2009) 238 CLR 1
32. Ruddock v Vadarlis [2001] FCA 1329, (2001) 110 FCR 491 (18 September 2001), Federal Court (Full Court) (Australia)
33. "The Caretaker Conventions in Australia" (PDF). Australian Prime Ministers Centre: Prime Minister Facts (63). Museum of Australian Democracy. (PDF) from the original on 5 August 2023. Retrieved 5 August 2023.
34. Bagehot, Walter (1895). The English constitution: and Other Political Essays. New York: Appleton & Company. OL 24399357M.
35. 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.
36. Constitution (Cth) s 62
37. 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. (PDF) from the original on 20 January 2024. Retrieved 29 November 2023.
38. Constitution of Australia (Cth) s 64
39. "Australian - New Zealand Agreement 1944". Department of Foreign Affairs and Trade. Australian Government. 21 January 1944.
40. Van Heyningen v Netherlands-Indies Government [1949] St R Qd 54.
41. Trade Agreement between the Governments of the Commonwealth of Australia and the Federation of Rhodesia and Nyasaland [1955] ATS 5
42. 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.^[39][40][41]
43. Constitution (Cth) s 1; Constitution (Cth) s 58
44. "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.
45. "What are reserve powers?". The Parliamentary Education Office (PEO). Archived from the original on 12 March 2023. Retrieved 5 August 2023.
46. "Reserve Powers and the Whitlam dismissal". Rule of Law Education Centre. Archived from the original on 18 March 2022. Retrieved 5 August 2023.
47. "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.
48. "Senator Katy Gallagher, ACT". OpenAustralia.org. OpenAustralia Foundation. Archived from the original on 11 March 2023. Retrieved 5 August 2023.
49. "Cabinet". House of Representatives Practice (7th edition). Parliament of Australia. June 2018. Archived from the original on 12 March 2023. Retrieved 5 August 2023.
50. Ministers of State Act 1952 (Cth) s 4
51. "Appointments revoked, appointments made by the Governor-General". Federal Register of Legislation. Australian Government. 31 May 2023. Gazette ID: C2023G00600.
52. 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.
53. "Albanese Government full Ministry". Prime Minister of Australia. 31 May 2022. Retrieved 2 March 2024.
54. "The Ministry". House of Representatives Practice (7th ed.). June 2018. Parliamentary Secretaries. ISBN 978-1-74366-656-2.
55. "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.
56. "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.
57. "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.
58. Worsley, Ben (11 September 2007). "Rudd seizes power from factions". ABC News. Australian Broadcasting Corporation. Archived from the original on 15 October 2007.
59. . ABC News. Australian Broadcasting Corporation. 21 November 2007. Archived from the original on 23 November 2007. Retrieved 28 November 2007.
60. "Commonwealth Parliament Offices (CPOs)". Ministerial and Parliamentary Services. 30 September 2020. Archived from the original on 26 June 2023. Retrieved 5 August 2023.
61. "Administrative Arrangements Order". Federal Register of Legislation. Australian Government. 3 August 2023.
62. "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.
63. Australian Broadcasting Corporation Act 1983 (Cth)
64. Clean Energy Finance Corporation Act 2012 (Cth)
65. Special Broadcasting Service Act 1991 (Cth)
66. "Government Business Enterprises". Department of Finance. Australian Government. 27 September 2023.

External links

• Australian government directory
• Parliament of Australia website