Chapter 11

Question 1

Why could the government be termed the ‘real’ or ‘political’ executive

Answer 1

Government runs the day-to-day affairs of the nation, and as such is where the ‘real’ executive power lies

Question 2

Explain what is meant by the term ‘administrative executive’

Answer 2

The administrative executive is comprised solely of public servants, under the public service act 1999

Question 3

Distinguish between the ‘public service’ and the ‘public sector’

Answer 3

The public sector are people whomst’ve work on Commonwealth delegated contracts with private companies, whilst the public service are employed directly by the Commonwealth

Question 4

Explain the difference between the constitutional executive, the political executive and the administrative executive

Answer 4

Constitutional-Queen
Real-Cabinet/government
Admin-Public service and sector

Question 5

Outline the defining characteristic of the Westminster System

Answer 5

An accountable and limited government

Question 6

Explain why the executive government has so much power

Answer 6

The government has the power of the state at it’s disposal, essentially the combined power of 27 million individuals. They have a monopoly on the use of armed force. The power of the government has also become increasingly significant in recent history, with the government being more intrusive etc.

Question 7

Discuss the relationship between the size and scale of government, government spending and government accountability

Answer 7

The larger the size and scale of government, the larger government spending. Likewise the greater the government is scrutinised, which is derived from the fact that Government expenditure comes from the people

Question 8

Outline the key elements of IMR

Answer 8

The convention that it is theoretically possible for parliament to sack a minister for incompetence, corruption or for serious problems with their department

Question 9

Explain why there has never been a successful censure motion passed against a minister in the HoR.

Answer 9

HoR will never pass a censure motion due to the governmental majority, and strong party discipline. Instead of having a concrete impact, censure motions are instead used to bring embarassment and negative attention to government

Question 10

Describe the operation of and assess the effectiveness of censure motions in the Senatw

Answer 10

Because the Senate is a powerful house of review and rarely has governmental majority, it can pass censure motions, however they lack the weight of Westminster conventions, and aren’t very effective

Question 11

Define CMR

Answer 11

A Westminster convention of responsible government by which an entire executive government may be held to account

Question 12

Outline the procedure for and assess the effectiveness of motions of no confidence and CMR

Answer 12

A motion is called, immediately taking precedence over any other matter, both sides gets 30 mins, indi. get 20, then vote is taken. Only one has succeeded (1975) and as such are not very effective, however used to embarass gov.

Question 13

What is meant by ‘strong bicameralism’ and how does it relate to accountability

Answer 13

It refers to the relationship between the two houses, such as the Senate not being controlled by the government, and is equally powerful. The senate has evolved special procedures to hold gov accountable, such as Economics references/legislation committees.

Question 14

Outline the operation of Senate legislation and reference comittees

Answer 14

Reference- Senate refer a matter for inquiry

Legislation- Senate refers a piece of legislation

Question 15

Explain how the role of Senate estimates has evolved and increased over the years

Answer 15

Senate estimates began with a fairly narrow scope on budget, however they have expanded this view and powers, and now scrutinise all areas of government activity

Question 16

What are examples of Senate estimates

Answer 16

2016-Larry Marshal CSIRO chief exec. sacked scientists on climate change research
Mark Scott ABC director
put radical muslim on Q and A
2013 Abbott declared immigration prevention ‘operational matters’ which avoided senate estimates

Question 17

Outline the role of the Senate Regulations and Ordinances Committee and assess its importance as an accountability mechanism

Answer 17

The government can make decisions without going through parliament, enabled by a bill, called subordinate legislation (Eg Social Security Act 1991). Committee ensures that government doesn’t abuse this power through scrutiny, as it is comprised of members of the Senate, and as such brings this legislation back into the legislature

Question 18

What is a disallowance alert

Answer 18

A notice put forward to the Senate which notifies them to refuse to pass an act.

Question 19

Explain why the traditional accountability mechanisms are no longer considered adequate in the modern era

Answer 19

New institutions have been created or evolved to cope with greatter demands for accountability, due to governments growth in scope and size

Question 20

Outline the role of the commonwealth auditor general

Answer 20

Can augment or alter the accountability mechanisms of parliament. An independent officer who has bipartisan support, they conduct audits of all government departments, agencies and other entities. Audits are official inspections, and the Australian National Audition Office has two types, performance and financial

Question 21

Explain how being ‘an independent officer of the parliament with bipartisan support’

Answer 21

Being independent is vital for an enitity to hold others to account as conflict of interest does not occur. Having bipartisan support is also important because it ensures equality, and does not favour a particular side.

Question 22

Examples of Audits from the Auditor General

Answer 22

2013- Sophie Mirabella
Claimed her electorate lost a 10 mill hospital when they didn’t elect her, was audited for coercing voters
Parakeelia is an IT company which Libs pay to provide info on electorates, however it also donates to Liberal party, which was auditted for political corruption

Question 23

What is the main role of the Administrative Appeals Tribunal

Answer 23

To assess the accountability of the public service, the departments and agencies

Question 24

Outline the key differences between courts and tribunals

Answer 24

Courts exercise judicial power, whilst tribunals do not, acting on ‘merit review’ and not limitted by law. Tribunals are much more informal, and can only recommend change and could be ignored

Question 25

What is an administrative decision

Answer 25

Any decision made by a government department or agency in the course of carrying out a law

Question 26

Example of the AAT

Answer 26

Kashkooli and minister for immigration 2016
Kashkooli had a refugee visa and applied for a citizenship, however was refused because of his minor criminal offences whilst in Aus, and subsequently lying, the AAT endorsed the ministers decision

Question 27

Explain how and why an individual may seek judicial review of an administrative decision

Answer 27

Individuals who are adversely effected by an administrative decision can challenge it in court. This can occur when an individual has received a judgement of the AAT they aren’t satisfied with

Question 28

Define: Writ of mandamus

Answer 28

A writ given to an official of government which requires said official to perform a specific action. This action will force the official to obey the law

Question 29

Define: Injunction

Answer 29

Writ which prevents a certain action

Question 30

Explain the link between statutory construction and ministerial discretion

Answer 30

Ministerial discretion is the freedom to write wide ranging laws, that cover unforeseeable future circumstances