Chapter Five: Power and the 'Real' Executive

Question 1

Constitutional Executive

Answer 1

The executive as outlined per the constitution, which is the Queen and her representative, the Governor General.

Question 2

Political Executive

Answer 2

The executive that holds real power in the Australian political system. Defined by Westminster conventions, it consists of cabinet which is drawn from the party with the majority in the House of Representatives.

Question 3

Prime Minister

Answer 3

The chief executive officer who is the leader of the party which forms a majority in the House of Representatives. They are commissioned by the Governor general as per section 64 of the constitution and are called upon to form government.

Question 4

Minister

Answer 4

Members of the executive cabinet along with the prime minister. They can be either members of the House or members of the Senate, and are granted a specific role in the executive by the Prime Minister. As defined by law there can be no more than 42 ministers.

Question 5

Individual Ministerial Responsibility

Answer 5

A political convention which states that a minister must be accountable for to the parliament for their personal qualities and conducts as well as the management of their portfolio and public departments. Ministers that break this convention are theoretically open to a censure motion.

Question 6

Cabinet

Answer 6

As defined by the Cabinet Handbook, ‘The council of senior Ministers who are empowered by the government to take binding decisions on its behalf’. The cabinet is a product of a convention and is not mentioned in the constitution or in any law. This means that the structure and operation of cabinet is at the discretion of the Prime Minister.

Question 7

Cabinet Secrecy

Answer 7

A convention of cabinet which dictates that cabinet meetings are secret and are not available to the public. The Cabinet room is soundproofed, highly secure and regularly swept for surveillance equipment. Cabinet meetings are recorded, but those that record it are bound by secrecy, and the recordings are only made public after 30 years. To breach cabinet secrecy is a criminal offence.

Question 8

Cabinet Solidarity

Answer 8

The convention that each member of cabinet presents the same public opinion on all matters of government despite what they might think themselves or if they were even present when the issue was discussed.

Question 9

Cabinet Committees

Answer 9

Committees created within cabinet that contain smaller groups of specific ministers in order to focus on one specific area of government activity. Committee members tend to have Ministers with a relevant portfolio. An example is the National Security Committee created by the Abbott government in 2014 after the Lindt Café siege, which consisted of the Prime Minster, Deputy Prime Minster, Defence Minister, Foreign Affairs Minister, Attorney General and Treasurer. Cabinet Committee decisions are usually referred to the whole cabinet for approval, but in some committees, decisions are implemented straight from the committee.

Question 10

Ministry

Answer 10

Defined as per the cabinet handbook as being “Compromised of the Minister of State including Cabinet Ministers, other Ministers and parliamentary secretaries”. The Ministry is composed of all minsters regardless of rank as well as assistant ministers.

Question 11

Junior Ministers

Answer 11

Ministers with less important roles than senior minsters, who are not permanent members of cabinet but can be called to sit in cabinet meetings. For example, Michael Keenan is the Minster for Justice and Minister assisting the Prime Minster for counter terrorism, and is considered a junior Minister.

Question 12

Assistant Ministers

Answer 12

Assistant Ministers were formerly known as Parliamentary secretaries, and were members of the executive that assisted Ministers in their portfolios. In 2000, they were made members of the executive. In 2015, the Turnbull government changed their name to Assistant Minsters, in order to reduce complexity, and now they are formally selected as ministers by the Governor General under section 64.

Question 13

Outer and Inner Ministry

Answer 13

First created by the Menzies government in 1956, the inner Ministry is comprised of cabinet members and the outer ministry is made up of junior Ministers and Assistant Ministers. The divide was created due to the growing complexity of government.

Question 14

Co-Opting

Answer 14

A situation where Junior Ministers or assistant Ministers are called into cabinet in order to discuss matters relevant to their portfolio. While this occurs they are fully involved in cabinet discussions but will leave as soon as the cabinet has reached the decision relative to their portfolio.

Question 15

Regulation of Policy

Answer 15

Certain acts allow for the executive to make use of delegated power and implement policy directly in certain areas. For example, a Parliamentary statute allowed the Abbott government to introduce a ‘investment mandate directive’ to the Clean Energy Finance Corporation and make it stop investing in wind power.

Question 16

What are the four roles of Ministers?

Answer 16

Manage a portfolio: Ministers are assigned a portfolio, such as trade, immigration, defence or foreign affairs. This means they are responsible for and must manage a public department.
Participate in cabinet meetings: Ministers are expected to deliberate on policy within cabinet meetings, especially in areas within their portfolio. This responsibility extends to dealing with crises, communicating the narrative of the government and planning political strategy. Meetings are recorded in private, which means Ministers are permitted to debate and disagree with each other.
Answer to the parliament: Ministers are expected to answer to parliament under the convention for Individual Ministerial Responsibility. This means they must answer to parliament for their personal qualities such as honesty and integrity, their political propriety or any abuses of power and the management of their portfolio and its associated departments.
Publicly support cabinet decisions: In public, cabinet members must unanimously support cabinet decisions, even if they disagree with them. This is known as cabinet solidarity.

Question 17

Justify the Convention of Cabinet Secrecy

Answer 17

Cabinet decisions are extremely significant for the governing of the nation, and these decisions are best reached through rigorous debate and discussion, which all takes place during cabinet meetings. Cabinet secrecy appears to violate the principle of transparency in government, however it is imperative that the government ‘speaks with one voice’ and is unified on policy and opinion. Cabinets can have several members, and each member could have a different opinion on any given issue. Cabinet members must therefore be able to present their arguments away from judgement of the media, in order to convince their colleagues so the cabinet can collectively decide on the best approach to a given issue. If secrecy was not enforced, the opposition could use a minister’s argument against their own electorate or ministers would be too afraid to voice their own opinion lest this occurs. The opposition can also create the myth of a divided government, which could be used to their political advantage. The appearance of a unified government is critical to public opinion, and through cabinet secrecy the best decision is able to be reached and then presented as a whole. It remains to be seen if Tony Abbotts publication of the Rudd governments cabinet meeting where the failed home insulation program was discussed will become precedent.

Question 18

Justify the convention of Cabinet Solidarity

Answer 18

All meetings of cabinet are designed to form a uniform approach on a particular issue, regardless of how the decision was made. This means that if a Cabinet member cannot agree with a cabinet decision for whatever reason, they are obliged via Westminster Convention to resign from their position. Ministers who resign will be moved to the backbench, and will still have to adhere to party discipline. Cabinet solidarity is needed to maintain the appearance of a unified government, which is essential to the public perception and functioning of government. In 1993, Minister for Telecommunications Gary Punch stood down as Minister when cabinet approved the construction of a runway that negatively affected his electorate.

Question 19

Asses the practicality of cabinet conventions in the Australian Political system

Answer 19

Cabinet conventions are still relevant in Australian politics, although they are not strictly adhered to. Much of the debate and unification of policy occurs in the party caucus rooms and not necessarily cabinet, which means that cabinet conventions are slightly less significant in modern Australian politics. Breaches of cabinet secrecy are rare but generally go unpunished, and Ministers rarely resign over differences with their colleagues.
For example, in 2015 during the term of the Abbott government, National Party Deputy leader Barnaby Joyce publicly disagreed with a cabinet decision to expand a coal mine in his own electorate. He stated several times on national media that he did not support they decision, which theoretically left him open to being dismissed by the Prime Minister for breaching cabinet solidarity. However, he was not sacked nor punished in any way for this breach of convention, which illustrates the flexibility of cabinet conventions in modern Australian politics.

Question 20

State the main Roles of the Prime Minister

Answer 20

• Being responsible for the membership, structure and operation of cabinet
• Advising the Governor General on the selection of Ministers and their associated portfolios
• Acts as chair of the cabinet, determining when and where meetings take place, as well as what is discussed

Question 21

What power does the Prime Minister have in the House of Representatives?

Answer 21

The Prime Minster is by definition the leader of the major party which achieved a majority in the House of Representatives. Australian political parties are exceptionally disciplined, which means that the Prime Minster controls the vote of every single party member. This allows them to decide on standing orders, control the passage of legislation and debate and effectively determine the outcome of any vote on the floor.

Question 22

How does the Prime Minster obtain power from being the Chair of Cabinet meetings?

Answer 22

The Prime Minster is the chair of all cabinet meetings, which means that they decide on what will be discussed in Cabinet meetings. The priority of the government is up to the total discretion of the Prime Minster, which gives them significant power over what is discussed and not discussed and ultimately what will be introduced onto the floor. The business list dictates what will be discussed, and any Ministers wanting to submit items onto the business list must follow strict accordance with the ‘Ten day rule’. This rule ensures that Ministers must give their proposal to the Prime Minister ten days in advance, and it must follow a strict set of guidelines such as cost-benefit analysis, page requirements and human rights compliance. This makes it very difficult for Ministers to introduce their own agenda into cabinet meetings.
Tony Abbott was known for extensively using this power, and putting forward his own agenda rather than the agendas that the ministers wanted, including the re-introduction of knights and dames and an attempt to delists Tasmanian wilderness as part of a world heritage site.

Question 23

Discuss the Prime Minsters access to information and how this gives them power

Answer 23

The Prime Minister is the most informed political officer in the entire system. Ministers receive reports from their own departments, but the Prime Minister receives reports from all departments which includes classified information from nation security departments. The department of Prime Minister and Cabinet ensures that the Prime Minister is constantly updated with the most accurate and latest information regarding all potential policy issues as well as other domestic, international and state-commonwealth issues. Information gives the Prime Minster the power to make the best decisions for government and forms a significant part of their power.

Question 24

Explain what is meant by ‘Patronage’ and how it gives the Prime Minster power

Answer 24

Patronage refers to the power exercised by the Prime Minister to appoint and dismiss Ministers. This includes promoting backbenchers into the ministry either as an assistant minister or junior minister, or from the outer ministry into the inner ministry. For example, in 2015 Malcolm Turnbull moved Marise Payne from the Minister of Human Services into the position of Minister for Defence in the cabinet. The Prime Minister can then re-organise portfolios, demote ministers or dismiss ministers. Overall, the Prime Minister has the power to reward and punish members of their party, which gives them significant power. Promotions are very sought after for members of Parliament, they can increase their power, prestige and also their paycheque. This creates loyalty among party members with ambition who seek to advance to the position of cabinet and perhaps even future Prime Minister. Portfolios are also all different, Defence is considered very hard to succeed in, whereas health, education and social services are all very important and desirable portfolios.
In 2010, Julia Gillard sought to appease the recently deposed Kevin Rudd by giving him the foreign affairs portfolio in her cabinet. In 2014, Tony Abbott moved Scott Morison from the portfolio of immigration to social services as a form of reward. In 2014 Assistant Treasurer Arthur Sinodinos was moved out of cabinet when he appeared in the NSW independent commission against corruption which was perceived as against the wishes of the government. In 2015 however, Malcolm Turnbull allocated him the position of Cabinet secretary which showed his difference from Abbott. Bronwyn Bishop held the position of speaker up until 2015 when she was forced to resign after she spent tax payer money on a luxury helicopter flight from Melbourne to Geelong.

Question 25

How is being able to determine the election date a powerful tool for the Prime Minister

Answer 25

The Prime Minister is responsible for calling elections and because Australia has 3 year maximum terms, they can choose to call the election whenever they want in order to maximise their chance of being re-elected into government. Elections are almost always called when the circumstances are the most favourable for the government, the last budget before the election tends to focus on appeasing certain groups of voters. For example, prior to Howards elections, his government would introduce budgets which appealed to former blue collar workers who now owned small businesses and were more likely to vote Liberal. Howards appealed to this group by introducing tax cuts for small business immediately before elections. In 2010 after Julia Gillard won the leadership over Kevin Rudd, she called an election almost six months premature to the required date. This was in order to clear the air after her possession of the leadership.

Question 26

How does being the public face of government act as a source of power for the Prime Minister

Answer 26

The Prime Minister is the most recognized and important figure in the entire Australian political system. This means that most of the media attention will be focused on them, and if they are able to promote their own image and the image of the government in front of the media this can be extremely beneficial to their public perception and chance of re-election. Prime Ministers who can embrace a certain type of media platform have been very successful, John Howard used talk back radio to connect with listeners in marginal seats and talk about issues that were relevant to them. Kevin Rudd took advantage of the new social media platform to promote the image of the ALP prior to the 2007 election. On the other hand, Tony Abbott was not nearly as impressive in media opportunities which contributed to the weakness of his government. In modern politics the influence of the personality of the Prime Minster has grown more significant than it has been previously, and combined with the 24 hour news cycle as well as the rise of social media, the public image of the Prime Minster has been more important to the success of their government now more than ever. Backbenchers who are elected through marginal seats are likely to support a publicly popular Prime Minster since it thoroughly increases their chances of being re-elected.

Question 27

List the Factors that could limit the power of the Prime Minister

Answer 27

• Not having a personal mandate
• A lack of solidarity and unity in cabinet
• Political rivals within cabinet
• The reception from their own party
• Federalism
• The opposition
• The size of their majority
• Negative media attention and polling

Question 28

What does it mean when it is said that the Prime Minister does not have a personal mandate? How does this impact their power?

Answer 28

The Prime Minister, unlike the US president, is not directly elected by the people. This means that they do not have the personal right to lead government, that right is reserved for the party that forms government. It is therefore the party that gives the Prime Minister the right to lead, which makes Prime Ministers vulnerable to leadership takeovers from within their party. This occurred in 2010 when Kevin Rudd was deposed by his own party in favour of Julia Gillard due to Rudds low approval ratings and the recent decisions which had impacted the public perception of government. Gillard in 2013 was removed by Kevin Rudd, which stemmed from her unpopularity in leading a minority government. In 2015, Tony Abbott was deposed in favour of Malcolm Turnbull.

Question 29

How can a lack of solidarity and unity in cabinet as well as rival cabinet members limit the power of the Prime Minister?

Answer 29

A lack of solidarity in cabinet results in cabinet leaks, dissatisfied ministers leaking government information to the public. This significantly weakens the perception of the Prime Minister and government itself. In 2015 the Abbott cabinet suffered several leaks due to the unpopularity of Abbotts leadership in the cabinet and his general conduct of government. Additionally, the biggest threat to the power of a Prime Minister is an ambitious cabinet member who wants the top office for themselves. The fastest way to get to the Prime Ministership for a cabinet minister is to plot the demise of the Prime Minister, which can lead to un-loyal ministers with weak cabinet unity. Julia Gillard was Kevin Rudd’s deputy and Minister for Industrial Relations in his cabinet in 2010, until she successfully deposed him for the office of Prime Minister.

Question 30

Explain how pressure within the Prime Ministers’ own party can limit their power

Answer 30

The Prime Minister is the leader of an entire party, and when party meetings are held they are held to account by the party as a whole. In accordance with Westminster convention, if the Prime Minister loses the majority support from their party they must stand down from their position. After the initial 2015 Liberal leadership Party spill, Tony Abbot pledged that he would change the way he leads the party and cabinet, because he knew that if he had another leadership spill it would not go well for him, and in the end it didn’t. Prime Ministers must therefore compromise with the wishes of their party if they want to stay in power. For example, when Malcolm Turnbull became Prime Minister in 2015, he was known for being one of the more progressive members of the liberal party. Despite this, he promised that he would not change any of the more conservative pre-existing Liberal party policies in order to appease the conservative side of the Liberal party. He also agreed that he would adopt a different leadership style than Tony Abbott. Prime Ministers are also often pressured by other parties if they form a coalition, for instance, as a result of his leadership change in 2015 Malcolm Turnbull also gave the water portfolio to Deputy Leader of the nationals Barnaby Joyce.

Question 31

How does federalism limit the power of the Prime Minster?

Answer 31

Federalism divides the power of government, which effectively means that the Prime Minister has a narrower jurisdiction that they can create policy over then say the British Prime Minster would have in the UK unitary system. The Prime Minister does exert a lot of power of the states however, they attend and lead COAG meetings and generally are responsible for taking leadership over national policy areas.

Question 32

How does the size of the government majority impact the power of the Prime Minister?

Answer 32

The size of the governments majority effectively determines the threat that disgruntled backbenchers can present. In 2010 the Gillard government led a minority government formed out of coalition with the Greens and a number of independents. Gillard’s government was weakened by the fact that it was forced to compromise with the other members of the coalition, lest the cross the floor and cause a vote of no confidence against the government. One of the Gillard governments chief election policies was that no carbon tax would be introduced, but the Greens member which they were in coalition with forced the government to pass a carbon tax policy, which ultimately weakened the public perception of the government severely. In 2016, Malcolm Turnbull formed government with only a single seat majority, which weakened his authority since he lost seats from the previous election. He also now faces a serious threat from backbenchers who threaten to cross the floor and vote against government legislation, such as George Christianson.

Question 33

Explain how the opposition can act as a limit on Prime Ministerial power

Answer 33

Oppositions can be extremely effective in limiting the power of the government and the Prime Minister. They tend to emphasis pre-existing problems within the government and cabinet, holding the executive to account and presenting a viable alternative to the government. Tony Abbott was considered an effective opposition leader, his pressure on the Labor party was a factor in the defeat of Rudd in 2010, Gillard in 2013 and then the following election against Gillard.

Question 34

What impact does negative media and polling have on the power of the Prime Minister?

Answer 34

If the Prime Minster cannot meet the demands of the rigorous news cycle, their public perception can be significantly undermined. Constant polling can become detrimental to the strength of the government, especially if the polls are negative. Independent polling companies weekly conduct polls on Australian citizens concerning their approval of the Government, the opposition, the Prime Minster, the Leader of the Opposition and in some cases Cabinet members. Negative polls reflect the reality of a unsuccessful government, which makes the Prime Minster susceptible to leadership challenges. In 2015 Malcolm Turnbull justified his leadership takeover by citing the fact that Tony Abbotts approval ratings had been negative for thirty concurrent weeks. Companies can also launch major advertising campaigns which impact polls and general perception of the government, such as the Mining Council of Australia’s 20-million-dollar campaign against Kevin Rudd in 2010. In general, if a Prime Minister receives negative media attention they become unpopular with the backbenchers, and will find that backbenchers will be more willing to support the cabinet member that gives them a better chance of being re-elected in the future.

Question 35

How critical are the personal qualities of the Prime Minister in their overall power over the System?

Answer 35

The personal qualities of the Prime Minister are overall essential to their success. The constant attention from the media and polls, dealings with ambitious cabinet members, negotiation of complex policies and accountability through the party caucus room ensures that the Prime Minster must excel in managing relationships and people. All Prime Ministers are different however, some are known for their extreme intellect such as Bob Hawke, Tony Abbot or Malcolm Turnbull, and some are known for their personality and charisma such as Gough Whitlam, Bob Hawke or Paul Keating. Some like John Howard are known for their stern decision making. Many factors that determine the success of a Prime Minister for example are out of their control, the performance of the Australian economy is almost entirely determined by international factors, however the success or failure of the economy is considered the most crucial factors when evaluating governments.

Question 36

Outline the links in the Westminster chain of accountability between cabinet and the people

Answer 36

• The people directly elect the parliament
• Government is thus elected by the people through the need of a lower house majority
• The government chooses a cabinet which consists of Ministers with specific portfolios
• Ministers oversee the implementation of policy through their public departments and received feedback from public servants
• The Parliament, representing the people, holds the ministers collectively and individually to account for their administration of their government department

Question 37

What are the roles of Cabinet?

Answer 37

• To develop and communicate the narrative of the government
• To develop and implement policies
• To coordinate the structure of government
• To exchange information and receive internal feedback
• To respond to crises

Question 38

What is meant by communicating the ‘narrative of government’?

Answer 38

While ministers are responsible for their individual portfolios and may represent a slightly diverse group, they must work to create a single vision of government which appears strong and unified to deal with the issues facing Australians. Party’s will often go back on their shared values to determine their government visions, the Labor party’s being social equality and progressiveness with involved government. The coalitions values reflect more on liberalism and advocate limited government involvement with support to business owners, reflecting more conservative policies. These core principles will influence the policies of and government.

Question 39

Explain how cabinet develops and implements policies

Answer 39

Policies are the way that a government can make their vision into reality, by making real change in society. Policies can be implanted in the cabinet through two ways, be legislation introduced through the government in parliament or by regulation through government departments. Cabinets are the driver of parliamentary policy, over 95% of introduced legislation comes from the cabinet. Cabinet also makes sure that the implementation of policy is carried out, Ministers regularly track the progress of introduced laws. The Cabinet Implementation Unit operates within the Cabinet and is responsible for monitoring the introduction of cabinet policy.

Question 40

How does cabinet coordinate the structure of government?

Answer 40

Government is made up of all the public service departments across the nation, which overall comprises of approximately 25% of the total economic activity within Australia. Cabinet is required to direct the complex array of government departments, each minister leading the department or departments relative to their portfolio. Policy formulated by cabinet is communicated to the public service departments through the ministers, and in return public servants feed information regarding the implementation of the policy and general information to the Minister in charge. This means that the public service departments are all managed by one body and are unified in their general approach to government, and public servants can report and faults or problems to cabinet where they can be resolved. Additional information is supplied by the Department of the Prime Minister and Cabinet, Senate Committees and other inquiries. This ensures that the cabinet acts on the most accurate information and can thus successfully coordinate the machinery of government.

Question 41

What factors affect the functioning of cabinet?

Answer 41

The Prime Minster
The Prime Minster is critical to the functioning of cabinet, their style of leadership and personal history generally and with specific cabinet members can impact the performance of cabinet significantly.
Relationships between Ministers and Coalition parties
A divided cabinet leads to more decisions being made by majority, which fractures the internal unity of cabinet and can lead to cabinet leaks and a dysfunctional cabinet. The Rudd cabinet was known for being dysfunctional towards the end of its term, partly due to the authority exercised by Kevin Rudd. The Howard cabinets on the other hand were rather stable, with decisions being reached mostly by consensus.
Experience
The experience of a cabinet very much so influences their functionality. In 1972 when Whitlam took office the Labor party had been in opposition for 23 years. The first cabinet was made up of Whitlam and his deputy, who single handily managed all 27 portfolios for two weeks before other ministers were selected. This is often seen as a factor which led to the constitutional crisis of 1975. John Howard’s cabinets were known to have developed very strong processes after so long in office, with all the procedures of cabinet well practiced. Some critics see this as a reason for Howards demise in 2007, since the cabinet lacked the vigour to challenge Labor after so many years in government.

Question 42

Explain how the role of the Ministry has expanded since World War 2

Answer 42

Since the second world war, governments have become increasingly expected to manage the economy of the nation to protect Australian citizens. This leads to greater government intervention in stabilising the economy, moderating natural economic booms and depressions in order to make the economy more stable and encourage growth. Addictingly, as the economy expands, infrastructure is needed to assist the growth of industry. Since Australia is a large nation with a small population, government is the only institution which can afford the building of infrastructure across Australia. The government has thus needed to expand in order to meet these expectations. The Rudd Governments response to the 2008 GFC is an example of such government intervention, in order to lessen the blow of the economic crisis, the government gave significant payments to a large group of Australians and encouraged them to spend it on consumer goods which helped stimulate the economy. The general consensus among economists is that this strategy did lessen the effects of the economic crisis.

Question 43

How does the cabinet act as an information exchange?

Answer 43

Information used in cabinet can come from a variety of sources including the public service, Senate committees, investigative committees, judge decision and several other sources. Cabinet needs all this information to be compiled and arranged so that cabinet can make the most informed decisions they can. This is done by the Department of Cabinet and the Prime Minister, who provide essential administrative support to the cabinet.

Question 44

How does cabinet respond to crises?

Answer 44

Events such as national emergencies or natural disasters may need quick decisive action, for example the 2015 Lindt café siege prompted a quick response from the Abbott cabinet, creating a new cabinet sub-committee to further deal with the issue. More long term responses to national crises are also addressed, such as the 2008 Global financial crisis dealt with by the Rudd Government.