Chapter 11 Flashcards
Why could the government be termed the ‘real’ or ‘political’ executive
Government runs the day-to-day affairs of the nation, and as such is where the ‘real’ executive power lies
Explain what is meant by the term ‘administrative executive’
The administrative executive is comprised solely of public servants, under the public service act 1999
Distinguish between the ‘public service’ and the ‘public sector’
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
Explain the difference between the constitutional executive, the political executive and the administrative executive
Constitutional-Queen
Real-Cabinet/government
Admin-Public service and sector
Outline the defining characteristic of the Westminster System
An accountable and limited government
Explain why the executive government has so much power
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.
Discuss the relationship between the size and scale of government, government spending and government accountability
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
Outline the key elements of IMR
The convention that it is theoretically possible for parliament to sack a minister for incompetence, corruption or for serious problems with their department
Explain why there has never been a successful censure motion passed against a minister in the HoR.
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
Describe the operation of and assess the effectiveness of censure motions in the Senatw
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
Define CMR
A Westminster convention of responsible government by which an entire executive government may be held to account
Outline the procedure for and assess the effectiveness of motions of no confidence and CMR
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.
What is meant by ‘strong bicameralism’ and how does it relate to accountability
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.
Outline the operation of Senate legislation and reference comittees
Reference- Senate refer a matter for inquiry
Legislation- Senate refers a piece of legislation
Explain how the role of Senate estimates has evolved and increased over the years
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
What are examples of Senate estimates
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
Outline the role of the Senate Regulations and Ordinances Committee and assess its importance as an accountability mechanism
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
What is a disallowance alert
A notice put forward to the Senate which notifies them to refuse to pass an act.
Explain why the traditional accountability mechanisms are no longer considered adequate in the modern era
New institutions have been created or evolved to cope with greatter demands for accountability, due to governments growth in scope and size
Outline the role of the commonwealth auditor general
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
Explain how being ‘an independent officer of the parliament with bipartisan support’
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.
Examples of Audits from the Auditor General
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
What is the main role of the Administrative Appeals Tribunal
To assess the accountability of the public service, the departments and agencies
Outline the key differences between courts and tribunals
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
What is an administrative decision
Any decision made by a government department or agency in the course of carrying out a law
Example of the AAT
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
Explain how and why an individual may seek judicial review of an administrative decision
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
Define: Writ of mandamus
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
Define: Injunction
Writ which prevents a certain action
Explain the link between statutory construction and ministerial discretion
Ministerial discretion is the freedom to write wide ranging laws, that cover unforeseeable future circumstances
