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Encyclopedia > Executive Council (Australia)

The Federal Executive Council is the formal body holding executive authority under the Australian Constitution. It is equivalent to the other Executive Councils in other Commonwealth Realms such as the Executive Council of New Zealand and is equivalent to the Privy Councils in Canada and the United Kingdom. The Executive Council is presided over by the Governor-General of Australia and exists to "advise" (in reality to direct) the Governor-General in the administration of the government. The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ... An Executive Council in Commonwealth constitutional practice is the top tier of a government led by a Governor-General, Governor or a Lieutenant-Governor (governor), and exists to advise the governor of the colony/dominion/realm etc. ... A Commonwealth Realm is any one of the 16 sovereign states that recognize Queen Elizabeth II as their Queen and head of state. ... The Executive Council of New Zealand is the body which provides the formal basis for the Cabinet. ... A privy council is a body that advises the head of state of a nation, especially in a monarchy. ... The Governor-General of Australia is a position established by the Commonwealth of Australia Constitution Act to sign legislation into law, appoint judges and ministers and perform many other important duties. ...


The Council is established by section 62 of the Constitution. Section 64 establishes that Ministers of State (the Cabinet) are members of the Council. Membership of the Council is normally for life, although in practice only serving government Ministers are invited to attend meetings. Members of the Executive Council are entitled to the style The Honourable. The Cabinet of Australia (whose members also serve in the Executive Council of Australia) is the council of senior ministers, responsible to parliament. ... The prefix The Honourable or The Honorable ( or formerly The Honble) is a title of quality attached to the names of certain classes of persons. ...


The position of Vice-President of the Executive Council is given to a Member of Cabinet, typically a Minister without portfolio. The Vice-President of the Executive Council is a Commonwealth position, whose holder acts as presiding officer of the Executive Council in the absence of the President of the Executive Council. ... A Minister without Portfolio is a government minister with no specific responsibilities. ...


Meetings do not require the Governor-General's attendance, but the Governor-General must be notified of the meeting in order for it to be valid. A quorum for meetings is the Governor-General and two serving ministers or parliamentary secretaries. If the Governor-General is not in attendance, Quorum is the Vice-President and two serving ministers or parliamentary secretaries. In the absence of the Vice-President, quorum is three ministers, one of whom, a senior minister, will preside. In practice, meetings will only be attended by a small number of Councillors rather than the full Cabinet. This article deals with the legal definition of quorum. ... In the parliamentary systems of several Commonwealth countries, such as Canada and Australia, it is customary for the prime minister to appoint parliamentary secretaries (in the Legislative Assembly of Ontario, parliamentary assistants) from their caucus to assist cabinet ministers with their work. ...


Most of the powers vested by the Governor-General, such as appointments and the authorisation of budgets, are exercisable only by "the Governor-General in Council" - that is, under advice from the Federal Executive Council. The Council acts as a formal ratification body for decisions of the Cabinet. In a parallel manner to the royal assent given to legislative Acts by the Governor-General after they have passed both Houses of Parliament, proposed executive actions will receive the approval of the Governor-General in Council after they have been agreed to by the Prime Minister and Cabinet. The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ... The current (25th) Prime Minister of Australia, John Howard (sitting, fifth from left), with his Cabinet, 1999 The office of Prime Minister is in practice the most powerful political office in the Commonwealth of Australia. ...


Each state of Australia also has an Executive Council, presided over in like manner by the Governor of that State.


The Governor-General has the power to dismiss any member of the Executive Council, but that is not exercised in practice -- although, it might be exercised, if hypothetically a former minister was convicted of a serious criminal offence.


References

  • Federal Executive Council of Australia Handbook, from the Department of Prime Minister and Cabinet

  Results from FactBites:
 
Government of Australia - Wikipedia, the free encyclopedia (2455 words)
The Commonwealth of Australia is a constitutional monarchy, a federation and a parliamentary democracy.
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.
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.
Australia - Facts, Information, and Encyclopedia Reference article (4630 words)
Australia's neighbouring countries are Indonesia, East Timor and Papua New Guinea to the north, the Solomon Islands, Vanuatu and New Caledonia to the north-east, and New Zealand to the south-east.
The executive: the Federal Executive Council (the Governor-General as advised by the executive councillors); in practice, the councillors are the prime minister and ministers of state, whose advice the Governor-General accepts, with rare exceptions.
Australia led the formation of the Cairns Group and APEC, and is a member of the OECD and the WTO.
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