Lyla Lindsey
Australia's government is organised into three arms: the legislative, the executive, and the judicial. The legislative arm is made up of democratically elected representatives who debate and create new laws. The executive arm is responsible for enacting and upholding the laws passed in parliament, and the judicial arm, independent of the other two arms, interprets Australian law and ensures laws do not exceed their constitutional power.
| Characteristics | Values |
|---|---|
| First arm | Legislative arm - democratically elected representatives debating new laws |
| Second arm | Executive arm - responsible for enacting and upholding the laws passed in the parliament |
| Third arm | Judicial arm - independent of the legislative and executive, it interprets Australian law and ensures that laws do not go beyond their constitutional power |
| Prime Minister | Forms the cabinet, the key decision-making organ of the government that makes policy and decides the agenda of the government |
| Federal Executive Council | The body that formally advises the governor-general in the exercise of executive power |
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What You'll Learn
- The Legislative arm: democratically elected representatives debating new laws
- The Executive arm: enacting and upholding laws passed in parliament
- The Judicial arm: interpreting Australian law and ensuring constitutional power
- The Australian Government's headquarters: located in Canberra
- The Federal Executive Council: advises the governor-general in the exercise of executive power
The Legislative arm: democratically elected representatives debating new laws
Australia's system of government is organised into three arms: the legislative, the executive, and the judicial. The legislative arm, comprised of democratically elected representatives, is responsible for debating and passing new laws. This arm of the government includes members of the Australian parliament, who form the core of the Australian government. The legislative arm is also responsible for controlling parliament and exercising legislative power.
The legislative arm of the Australian government consists of two houses: the House of Representatives and the Senate. Each of these houses elects a presiding officer, with the presiding officer of the Senate called the President and that of the House of Representatives called the Speaker. Elections for these positions are conducted via secret ballot. While it is expected for these offices to be filled by members of the governing party, the presiding officers are required to oversee debate and enforce rules in an impartial manner.
The House of Representatives is made up of members who each represent a separate division or electorate in Australia. The Senate, on the other hand, is often referred to as the "state's house" or the "house of review". It consists of an equal number of senators from each state, regardless of population. Both the House of Representatives and the Senate play a crucial role in reviewing, debating, and voting on proposed laws.
The process of passing a law involves several stages. Any parliamentarian may introduce a proposed law, known as a bill, except for a money bill, which must be introduced in the House of Representatives. The bill then undergoes a consideration in detail stage, where the House can scrutinise its clauses and propose amendments. After this, the bill goes through a third reading, where it is either passed or rejected by the House. If the bill is passed, it is sent to the Senate, which follows a similar process of debate and passage. Once a bill has been passed by both houses in the same form, it is presented to the governor-general for royal assent, which is required for it to become an act and part of the law.
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The Executive arm: enacting and upholding laws passed in parliament
The Executive arm of the Australian government is responsible for enacting and upholding the laws passed in parliament. The Federal Executive Council advises the governor-general in the exercise of executive power. The council is made up of all current and former ministers, although only current ministers are summoned to meetings. The governor-general usually presides over the meetings, but in their absence, another minister nominated as the vice-president of the Executive Council will preside. The prime minister and their sworn ministers form the cabinet, which is the key decision-making organ of the government. The cabinet makes policy and decides the government's agenda.
Ministers drawn from the Australian parliament form the core of the Australian government. Members of the government can exercise both legislative power (through their control of parliament) and executive power (as ministers on behalf of the governor-general and the monarch). However, the actions of the government in its executive capacity are subject to scrutiny from parliament to ensure accountability.
The executive power of the government is limited to areas in which the Commonwealth has the power to legislate under the constitution. This includes certain powers traditionally part of the royal prerogative, such as the power to declare war and enter into treaties. There are also certain "nationhood powers", implied from section 61 of the Constitution, which have been found to include the power to provide financial stimulus payments to households during a financial crisis and the power to prevent "unlawful non-citizens" from entering the country.
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The Judicial arm: interpreting Australian law and ensuring constitutional power
The Judicial arm of the Australian government is an independent body that interprets Australian law and ensures that laws do not exceed their constitutional power. The judiciary of Australia is composed of judges who preside over federal courts and the courts of the States and Territories of Australia. The High Court of Australia is the highest court in the Australian judicial system and is the ultimate court of appeal on matters of federal and state law. It was created by Section 71 of the Constitution and has appellate jurisdiction over all other courts.
The High Court's decisions are binding on all Australian courts, including state and territory supreme courts. State and territory courts can exercise federal jurisdiction, deciding on federal matters. However, an attempt to pass legislation that would cross-vest state judicial powers in federal courts was deemed unconstitutional by the High Court. State and federal courts can exercise "accrued jurisdiction," allowing them to hear all legal issues arising from a single set of facts, provided the court has jurisdiction over the principal cause of action.
The Australian judicial system consists of various courts and tribunals at the federal, state, and territory levels. The Federal Court and the supreme courts of each state and territory are generally considered superior courts. Superior courts have unlimited jurisdiction in law and equity and are not subject to jurisdictional limits on the remedies they can grant. They determine appeals and are composed of judges whose decisions are not subject to judicial review or appeal by a single judge. Inferior courts, such as magistrates' and district courts, are below superior courts in the appellate hierarchy.
When interpreting contracts under Australian law, courts follow key principles. The meaning of terms in a commercial contract is determined by what a reasonable business person would understand them to mean, starting with the plain and ordinary meaning of the words used. Australian dictionaries are generally preferred over English dictionaries in determining this meaning. If a contract term is ambiguous or has multiple meanings, courts interpret it in a businesslike and commercial manner, assuming the parties intended to achieve a commercial result. The "parole evidence rule" states that evidence of prior negotiations is not admissible to interpret contract terms unless it provides context for the surrounding circumstances.
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The Australian Government's headquarters: located in Canberra
Australia's system of government is organised into three arms: the legislative, the executive, and the judicial. The legislative arm is made up of democratically elected representatives who debate and create new laws. The executive arm is responsible for enacting and upholding the laws passed by the parliament, and the judicial arm, independent of the other two, interprets Australian law and ensures that laws do not exceed their constitutional power.
The Australian Government is headquartered in Canberra, in the Australian Capital Territory. The government, also known as the 'Government of the Commonwealth' or the 'Government of Australia', operates from the executive wing of Parliament House. The head offices of all the federal departments are also located in Canberra.
The Federal Executive Council advises the governor-general in the exercise of executive power, and all current and former ministers are members of the council. The governor-general usually presides over the meetings, but in their absence, another minister nominated as vice-president of the Executive Council will preside. As of 1 June 2022, the vice-president was senator Katy Gallagher.
The prime minister and their sworn ministers form the cabinet, which is the key decision-making organ of the government. This body makes policies and decides the government's agenda. Members of the government can exercise both legislative and executive powers. However, the actions of the government in its executive capacity are subject to scrutiny from parliament to ensure accountability.
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The Federal Executive Council: advises the governor-general in the exercise of executive power
Australia's system of government is organised into three arms: the legislative, the executive, and the judicial. The Federal Executive Council is a part of the executive arm, which is responsible for enacting and upholding the laws passed in the parliament.
The Federal Executive Council is a body established by Section 62 of the Australian Constitution to advise the governor-general of Australia on matters of the federal government. The council comprises all current and former Commonwealth ministers and assistant ministers. The governor-general is not a member of the council but usually presides over its meetings. In the governor-general's absence, a quorum is formed by the vice-president and two serving ministers or assistant ministers. The vice-president is a member of the Cabinet appointed to act as the presiding officer of the Executive Council in the governor-general's absence. As of 1 June 2022, the vice-president has been Senator Katy Gallagher.
The Federal Executive Council has de facto executive power because the governor-general is bound by convention to follow the council's advice on almost all occasions. This power is used to legally enact the decisions already made by the Federal Cabinet. The council acts as a formal ratification body for the cabinet's decisions. For example, on 11 September 2022, the council advised the governor-general, David Hurley, to proclaim Charles III as the new head of state of Australia.
Most of the powers vested in the governor-general, such as appointments and budget authorisations, are exercisable only by the "governor-general in council". This means that they are exercised under the advice of the Federal Executive Council.
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Frequently asked questions
The three arms of the Australian government are the Parliament, the Executive, and the Judiciary.
The Parliament makes the laws.
The Executive puts the laws into operation.
The Judiciary interprets the laws.
The separation of powers in Australia is the division of the institutions of the government into legislative, executive, and judicial branches. This concept is derived from the Australian Constitution, which in turn is influenced by the Westminster system, the doctrine of "responsible government", and the US version of the separation of powers.
