Module 10 - Accountability + Justice

Question 1

Responsible government

Answer 1

Systems and processes that ensure accountability:
Parliament
Parliamentary processes
Executive government
Accountability processes (e.g. ministerial responsibility)

Question 2

Parliament and responsible government

Answer 2

The Executive sits within parliament and members must ensure that executive power is used responsibly = function of responsible government

Question 3

Chain of accountability

Answer 3

Departments and employees (administrative arm of the executive) are responsible to the political executive (PM + cabinet), who are responsible to Parliament, who are responsible to the people

Question 4

What is legal accountability?

Answer 4

Formal sanctions or punishment

Question 5

What is political accountability?

Answer 5

Reputational damage, usually via media - consequences at election (party) or resignation (individual)

Question 6

Legal accountability mechanisms…

Answer 6

Judicial review
Administrative law judicial review
Royal Commissions

Question 7

Political accountability mechanisms…

Answer 7

Responsible government (executive sits in parliament)
Question time
Media as the fourth estate

Question 8

Judicial review

Answer 8

When parliament exceeds its lawmaking powers (eg laws unconstitutional) the legislation can be struck down by the High Court

Grounds for striking down are limited (exceeding s51)

Power is not explicit in constitution but is ‘axiomatic’ to functioning of the constitution

Question 9

What happens if parliament enacts legislation that infringes human rights?

Answer 9

Parliament cannot he held legally accountable for enacting legislation that infringes human rights

But it can be held politically accountable - loss of legitimacy or reputational damage

Question 10

Senate’s accountability role

Answer 10

Acts as a check on the government and the legislation it enacts

‘State’s house’

Gov rarely controls the senate

Question 11

Parliamentary privilege

Answer 11

Members are entitled to speak freely and without fear of repercussion

Question 12

Parliament as a public space

Answer 12

Place to debate/discuss issues
Parliamentary privilege
Conscience debates allow members to speak their mind (not party line)
Gov does have some processes to shut debate down

Question 13

Question time

Answer 13

Given priority over other party business

Sets time limits for responses

Any member may ask a Minister’s question without notice for immediate response

Ministers must not be asked for an opinion (inc legal opinion )

Question 14

Responsible government mechanisms

Answer 14

Ministers sit in Parliament- blurs powers but make ministers accountable to parliament

Individual ministerial responsibility

Collective responsibility (ministers must support cabinet decisions)

Question 15

Elections

Answer 15

Australians can hold government to account via elections

Held every 3 years for House of Reps) and 1/2 the senate

Question 16

The ‘fifth estate’

Answer 16

Bloggers, journalists and non-mainstream media

Whistleblowers

Question 17

Royal commission

Answer 17

Highest level of public inquiry

Appointed by executive and gave substantial investigative powers inc coercive questioning (can compel witnesses and evidence )

Question 18

Self-incrimination and royal commissions

Answer 18

Self-incrimination not an excuse to refuse to answer a question

Question 19

Government role in just society

Answer 19

Setting/amending criminal laws
Funding for legal aid
Public education 
Public health
Public housing 
Welfare systems