38-594: The Human Rights Law Centre ( HRLC ) is an Australian human rights group , with locations in South Melbourne and Sydney . In April 2019, the HRLC compiled data showing that Indigenous Australian women were arrested for public drunkenness at 10 times the rate of the general population. This was part of an effort to convince a coroner to rule systemic racism played a role in the death of Tanya Day , an Aboriginal woman who died in police custody . In May 2019
76-502: A High Court challenge, Roach v Electoral Commissioner . The High Court eventually ruled that a federal law preventing most prisoners from voting was unconstitutional. In April 2019 the HRLC joined the independent Inspector for Custodial Services in condemning the practice in Western Australian prisons of routinely strip-searching prisons, especially minors, without any prior suspicion of wrongdoing. Ruth Barson described
114-424: A cabinet minister. The cabinet 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 . Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet
152-635: A court to impose a prison sentence," In August 2017 the HRLC launched a High Court challenge ( Ors; Australian Marriage Equality Ltd & Anor v Minister for Finance & Anor [2017] HCA 40 (M105/M106 of 2017) ) against the Australian Federal Government in regards to the Australian Marriage Law Postal Survey . The action was launched behalf of Australian Marriage Equality , and Senator Janet Rice . Anna Brown, then-Director of Legal Advocacy at
190-642: A predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. However, in 2007 Prime Minister Kevin Rudd , assumed the power to choose the ministry alone. Later, the caucus regained this power in 2013. According to reporting by the Sydney Morning Herald , ministerial positions are allocated by the Left and Right factions proportionally according to their representation in
228-883: Is an engineering company with a background building bridges. In accepting this contract, it will be taking the job of running a cruel, open-air prison detaining people, including many children, who are deeply traumatised.” In January 2019, the HRLC criticised the Coalition Government of Scott Morrison for their plans to pass laws expanding powers of the Home Affairs Department (at the time headed by Peter Dutton ) to strip Australians of their citizenship. The HRLC argued that expanding this power would risk making people stateless for minor crimes. Emily Howie warned "If Parliament passes this bill, we could see people banished to countries they’ve never even visited for crimes that were not even serious enough for
266-418: 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 . 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
304-582: Is not 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. All members of the cabinet are members of
342-722: The Australian Capital Territory . The head offices of all the federal departments are located in Canberra, along with Parliament House and the High Court . The name of the government in the Constitution of Australia is the "Government of the Commonwealth". This was the name used in many early federal government publications. However, in 1965 Robert Menzies indicated his preference for
380-545: The Australian Institute of Health and Welfare released figures showing that Indigenous minors were 17 times more likely to be in prison than non-Indigenous youth. Indigenous youth made up 48% of those aged 10–17 in prison, but were only 5% of the general population aged 10–17. The HRLC joined Change the Record , an Aboriginal-led coalition of legal and human rights organisations calling for law reform. Ruth Barson
418-484: The Australian Labor Party (ALP), in office since the 2022 federal election . The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the representative of the monarch of Australia ). The governor-general normally appoints the parliamentary leader who commands
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#1732780459059456-726: The Commonwealth Government or simply as the Federal government , is the national executive government of Australia, a federal parliamentary constitutional monarchy . The executive consists of the prime minister and other cabinet ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of
494-462: The Constitution . 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". They 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
532-551: 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. The propriety of the use of the powers during that event remain highly contested. The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of
570-680: 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. 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. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . Until 1956 all members of
608-608: The HRLC criticised Canstruct International for taking a $ 591 million Australian Government contract to run the Nauru Regional Processing Centre. HRLC said Canstruct was taking up a "poisoned chalice" and that it would be "complicit" in an "internationally abusive system", that there was no ethical way for it to be involved. Keren Adams from the HRLC said “It is particularly appalling that the contract has been awarded to an engineering company with zero experience dealing with vulnerable people [...] Canstruct
646-468: The HRLC, said that the postal survey was designed to frustrate and delay marriage equality . Though the HRLC's legal argument focused on whether the Minister actually had the power the spend tens of millions of dollars on the nation-wide survey. The High Court eventually ruled against the HRLC and other plaintiffs, and the survey went ahead. Afterwards, HRLC noted reports showing that the debate surrounding
684-515: The King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers. Powers subject to the governor-general’s discretion are known as reserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command the confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in
722-549: The Parliament. The King is not involved with the day-to-day operations of the government, belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government. 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 (but since
760-588: The allocation of their portfolios. 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
798-488: The application of a strict test. 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
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#1732780459059836-444: The appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers). 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". As such, while government ministers make most major decisions in cabinet, if those decisions require
874-414: 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. Since 1 June 2022,
912-599: The bottom layer includes public servants , police, government departments and independent statutory bodies who directly implement policy and laws. 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. 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
950-470: The confidence of a majority of the members of the House of Representatives. Also by convention, the prime minister is a member of the lower house. The prime minister and their sworn ministers form the cabinet , the key decision-making organ of the government that makes policy and decides the agenda of the government. Members of the government can exercise both legislative power (through their control of
988-553: The country . Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries ), responsible for a specific policy area, reporting directly to
1026-419: The formal endorsement of the governor-general in council, 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. However, in all these cases, except for certain reserve powers,
1064-790: The ministry differs depending on their party. 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
1102-464: 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 . The prime minister's power to select
1140-399: The name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations . The Whitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations. However, academic Anne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and
1178-404: 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,
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1216-418: The parliament) and executive power (as ministers on behalf of the governor-general and the monarch). However, in accordance with responsible government , and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament. The Australian Government is headquartered in the executive wing of Parliament House , located in the nation's capital, Canberra , in
1254-762: The practice as "invasive, traumatic and entirely unnecessary" adding that it "strips people of dignity". The HRLC has also made statements about Indigenous youth prisoners. In May 2019 Hugh de Kretser was Executive Director of HRLC. Human rights group Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 216988884 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 07:54:19 GMT Australian Federal Government [REDACTED] [REDACTED] The Australian Government , also known as
1292-744: The side of the Victorian and Tasmanian state governments , and the High Court eventually ruled in their favour. In May 2019, following the February 18 passage of " medevac " amendments to the Migration Act 1958 , the HRLC joined a coalition to organisations including Amnesty International and the Refugee Council of Australia to help sick refugees detained in offshore detention centres on Manus Island and Nauru gain access to medical transport to mainland Australia. In October 2017,
1330-512: The states in an attempt to increase federal power. 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. This terminology remains preferred by the government. However, the terms Commonwealth Government and federal government are also common. In some contexts,
1368-482: The survey had a negative effect on LGBTI Australians. In September 2014, the HRLC spoke in support of the Victorian Government allowing men who were convicted of having gay sex to apply to have their convictions erased. Anna Brown said this would help the men move past the shame of having a criminal record for something that shouldn't have been a crime in the first place. In August 2007, the HRLC ran
1406-459: The term "government" refers to all public agencies that exercise the power of the State , whether legislative, executive or judicial. 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
1444-941: Was quoted as saying that it was "common sense" that children should be in school and playgrounds, not prisons. In May 2019, the HRLC joined 59 other organisations lobbying the New South Wales Government to remove abortion as a criminal offence in the state. In April 2019 the HRLC (along with the Melbourne Fertility Control Clinic and Castan Centre for Human Rights Law ) was granted permission to intervene in High Court of Australia cases ( Clubb v Preston and Preston v Avery ) where two anti-abortion activists were challenging "safe zone" laws in Victoria and Tasmania which prevented harassment and protesting too close to medical facilities which provide abortions. The HRLC intervened on
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