the crown

Question 1

The Crown (the British monarch) is part of the system of government in Australia and is represented by:

Answer 1

• one Governor-General (at a federal level)
• six governors (at a state level)

Question 2

explain the crown

Answer 2

• The Governor-General is appointed by the Crown on the advice of the Prime Minister of Australia.
• The governors of each state are appointed by the Crown on the advice of the premier of each state.
• The main responsibility of the Crown’s representatives in Australia is to ensure the democratic system operates effectively.
• This includes ensuring an effective electoral system, parliament, government, and courts.
• It is essential that the majority of people have confidence that their community functions as a democracy.

Question 3

The roles of the Crown in law-making are:

Answer 3

• granting royal assent
• withholding royal assent
• appointing the Executive Council

Question 4

explain granting royal assent

Answer 4

• The Crown’s representative in the Commonwealth Parliament (the Governor-General) and the Victorian Parliament (the Governor of Victoria) must approve bills before they can become law.
• This approval is known as royal assent.
• Royal assent is typically given as a matter of course on the advice of the Prime Minister or ministers at the Commonwealth level.
• At the Victorian level, royal assent is given on the advice of the Premier of Victoria or ministers.

Question 5

define royal assent

Answer 5

the formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at the state level) after which the bill becomes an Act of Parliament (also known as a statute)

Question 6

explain withholding royal assent

Answer 6

• The Crown’s representative has the power to withhold royal assent, thereby refusing to approve a bill to become an Act of Parliament.
• Withholding royal assent rarely occurs; the usual practice is for the Crown’s representative to approve bills on the advice of the Prime Minister, Premier, or ministers.
• At the federal level, the Australian Constitution specifies circumstances in which the Governor-General can withhold royal assent.
• The Australian Constitution does not specify the process for withholding royal assent at the Victorian level.
• It is accepted that the Governor of Victoria acts on the advice of the executive when giving royal assent.

Question 7

The Governor-General (or governor of each state) is responsible for appointing the Executive Council,
which comprises:

Answer 7

• the leader of the government (the prime minister at the federal level and premiers at the state level)
• senior ministers
• assistant ministers

Question 8

explain appointing the executive council

Answer 8

• The Executive Council advises the Crown’s representative on matters such as whether to approve regulations.
• An example is the Environment Protection Amendment (Banning Single-Use Plastic Items) Regulations 2022 (Vic), which were made under the advice of the Executive Council.
• These regulations ban certain single-use plastic items, like drinking straws, cutlery, cotton buds, and drink stirrers.
• In practice, the Crown’s representative acts on the advice of the Prime Minister or Premier when approving regulations.

Question 9

define Executive Council

Answer 9

a group consisting of the prime minister and senior ministers (at the Commonwealth level) or premier and senior ministers (at the state level) that is responsible for administering and implementing the law by giving advice about the government and government departments