Parliament of Australia: House of Representatives: Infosheet No. 19: The House and the Government

The House and the Government

House of Representatives Infosheet No. 19

Revised November 1998

The Government and the Parliament

Under Australias system of parliamentary government, the Executive Government (the Prime Minister, Cabinet Ministers and other Ministers) is drawn from members of the Parliament. However, although the Government and the Parliament have overlapping memberships, they are established by the Constitution as separate institutions, referred to respectively as the Executive and the Legislature.

Actions such as the passing and amending of legislation are actions of the Parliament, not of the Government. Legislation passed in identical form by both Houses of the Parliament, as it must be to become law, is known as an Act of Parliament.

The functions of the Executive are to govern, to set the policy agenda, propose new laws and administer existing laws. To govern, the Executive needs to have its revenue and expenditure measures approved by the Parliament. To implement many of its policies it needs Parliament to pass its legislation.

The central function of the Parliament is to consider proposed legislation and make laws. As taxation is imposed and government expenditure is authorised by law, this function extends to the consideration of government finances and administration. Its other functions include providing a forum for government accountability and the debate of national issues, and it has a role in airing the grievances of citizens. Parliament is a public forum which permits opposing views to be put forward, where the Governments policies and finances are discussed, its proposed legislation considered, and its administration scrutinised.

The House of Representatives

The House of Representatives is sometimes referred to as the House of Government. This is not because the House of Representatives governs, but because the composition of the House determines who will form the Government. After a general election the political party (or coalition of parties) with the support of a majority of members in the House of Representatives becomes the governing party and its leader becomes the Prime Minister. To remain in office the Government must have the confidence of the Housethat is, keep the support of the majority in the House of Representatives.

The composition of the House also determines who will form the official Opposition. The party (or coalition of parties) which has the most non-government Members in the House of Representatives becomes the opposition party and its leader becomes the Leader of the Opposition. The Opposition has, as its name suggests, the officially recognised function, established by convention, of opposing the Government. It is regarded as the alternative governmentwhich would form government if the existing government were to lose the confidence of the House, or of the people at an election.

Because of its majority, the Government can be expected, ultimately, to have its way in the House on any matter it considers important. It is sometimes said by way of criticism that the Government controls the House. However, our system of government requires that the Government have the support of a majority in the House of Representatives. A Government unable to get its essential legislation through the House would be expected to resign.

To carry out its functions properly the House depends on an effective Opposition. Government members can usually be expected to support the Government with their votes and may not be inclined (at least in public) to be too critical of the Governments actions or legislation. Opposition Members can be expected to criticise and to offer alternative views. The rules and procedures of the House enable the Opposition to perform this rolefor example, by the provision of additional speaking time to leading opposition speakers and the practice of alternating the call to speak between government and non-government Members.

The Ministry

Prime Minister

The Prime Minister is the head of the Government. He or she achieves this position by being the elected leader of the party in government (in the case of a coalition government, the major party).

Cabinet

The Cabinet, consisting of senior Ministers presided over by the Prime Minister, is the Governments pre-eminent policy making body. Major policy and legislative proposals are decided by the Cabinet.

Ministers

Ministers are selected by the Prime Minister in the case of Liberal/National Party coalition Governments. When the Australian Labor Party is in government, the party caucus (comprising ALP Members and Senators) elects members to the Ministry, with the Prime Minister allocating portfolios.

There are currently 30 Ministers. The maximum number can be increased by legislation. About 15 or so senior or portfolio Ministers administer the major departments and are, usually, members of Cabinet. Other Ministers are responsible for particular areas of administration within a major department, or may be in charge of a small department not falling within a larger portfolio. Ministers are appointed from both Houses of Parliament, although most (about two thirds) are Members of the House.

In the Parliament Ministers act as spokespersons for the Government on matters relating to their portfolios, or in relation to the responsibilities of a Minister in the other House whom they represent. Their duties include introducing and managing the carriage of legislation, making statements on government policy and answering questions on their administrative responsibilities.

Parliamentary Secretaries

In recent years several Members and Senators have been appointed by the Prime Minister as Parliamentary Secretaries to assist or represent Ministers in various aspects of their work, including parliamentary responsibilities.

Leader of the House

The Leader of the House is the Minister, who, in addition to his or her ministerial duties, has overall charge of the arrangement and management of government business in the House. He or she is assisted in these responsibilities by the Chief Government Whip who may also move procedural motions in the House on behalf of the Government.

The Opposition

Leader of the Opposition

The Leader of the Opposition is the elected leader of the main non-government party in the House of Representatives. The Leader of the Opposition is a major figure in the political process and would normally be expected to become Prime Minister if the Government were to lose office. The position of Leader of the Opposition has high status and is provided with significant resources.

Shadow ministers

The Leader of the Opposition is assisted in the Parliament by a number of his or her colleagues appointed as shadow ministers. Each shadow minister acts as opposition spokesperson in respect of the responsibilities of one or more Ministers or areas of administration. The Manager of Opposition Business is the opposition equivalent of the Leader of the House.

The Governor-General and the Federal Executive Council

The executive power possessed by the Prime Minister and Cabinet derives constitutionally from their membership of the Federal Executive Council and status, in the formal structure of government, as advisers to the Governor-General.

Constitutional provisions

Under the Constitution the executive power is vested in the Queen and is exercisable by the Governor-General as the Queens representative. The Governor-General is appointed by the Queen and holds office during her pleasure. In exercising the executive power the Governor-General is advised by the Federal Executive Council. Executive Councillors are appointed by the Governor-General. The Governor-General also appoints Ministers to administer departments of state. Ministers must be members of the House of Representatives or the Senate (or become so within three months of appointment) and must be Executive Councillors (but Executive Councillors need not be Ministers). Executive Councillors and Ministers hold office during the pleasure of the Governor-General.

Conventions

Neither the Prime Minister nor the Cabinet are mentioned in the Constitutionthe framers of the Constitution took their existence for granted, as they did the various conventions of the Westminster system of government inherited from the United Kingdom. According to the conventions which have operated in Australia:

the Governor-General is appointed on the advice of the Prime Minister of the day [normally for a period of five years];

after a general election the Governor-General appoints as Prime Minister the leader of the party (or coalition of parties) which has majority support in the House of Representatives;

the Ministry is appointed on the advice of the Prime Minister;

only Ministers (and in recent years, Parliamentary Secretaries) are appointed to the Federal Executive Council;

only Executive Councillors who are members of the current Ministry (said to be under summons) advise the Governor-General. [Once appointed, members of the Executive Council generally remain Executive Councillors for life (thereby retaining the title Honourable). However, once they cease to be Ministers they take no further part in the activities of the Council.]

the Governor-General acts as advised by the Ministers.

The Governor-Generals reserve powers

In some matters the Constitution gives the Governor-General powers to act independently. These include the power to dissolve the House of Representatives and, in certain situations, both Houses (see Infosheet No. 18 Double dissolution). However, in other than exceptional circumstances, the Governor-General observes the conventions outlined above and will follow the advice of a Prime Minister who retains the confidence of the House.

The powers that the Governor-General has to act without advice are referred to as prerogative or reserve powers. Constitutional experts do not agree on their precise extent or on the nature of the exceptional circumstances in which they may be exercised.

Suggestions for further reading

House of Representatives Practice, 3rd edn. AGPS, Canberra, 1997. pp 114, 69106.

Last updated: November 1998