LAW 1504 Lecture Notes - Lecture 6: Individual Ministerial Responsibility, Cornelia Rau, Constitution Of Australia
23 May 2018
School
Department
Course
Professor
1. Parliamentary Accountability
Two ways
i) Responsible government
• Primary and oldest means of executive
accountability “the means by which Parliament
brings the Executive to account” (Egan v Willis)
• Chain of accountability- Executive is responsible
to the Parliament who represents the people
• Guaranteed by: Australian Constitution s 64.
Constitution Act 1934 (SA) s 66
Individual ministerial responsibility (conventions)
• For decisions personally taken and decisions of
their department**
Traditionally- minister would resign is
department acted corruptly.
• Weakening
Guide on Key Elements of Ministerial
Responsibility (1998)
Cornelia Rau case study: Minister refused to
resign, some public servants within the
Department replaced
• Impact on public servants
Dangers of politicisation of APS against their
values of being an apolitical, impartial,
accountable cohort. Intended to provide
frank, honest, comprehensive, accurate and
timely advice and in implementing the
Government’s policies and programs; Public
Service Act 1999 (Cth) s 10(1)
ii) Parliamentary Mechanisms for Facilitating
Responsible Government
a) Parliament may request information
• Hold ministers for contempt for failing to
provide documents
• EXCEPTION: public interest immunity-
cabinet confidentiality- keeping the dealings
od cabinet secret for the public interest
b) Questions without Notice
• Not a debate- exchange of oral questions from
opposition to govt
• partisan politics – opposition’s questions only
pick out negatives. political point scoring is
more important than finding out key
information
• Dorothy Dixers- asking questions which
highlight govt. achievements/ popular policies
• Time limits- answers must be directly relevant
to Q- BUT-often irrelevant
• Published for public (online, TV)
c) Questions with notice
• Members Qs (usually from opposition) in
writing- published on the question paper
• Detailed info BUT Slow replies
d) Reporting to parliament
• Govt agencies write annual reports to
parliament
• Eg: Ombudsman and Auditor General report to
parliament
e) Parliamentary committees
• Best functioning oversight mechanism - DUAL
scrutiny of both E and L
• Types: House, Senate or Joint. committees
reflect the make-up of their chamber (which
party is in power) senate is most effective when
not controlled by E
Standing Committees (ongoing, established
when parliament first sits, and continues for
entire term)
Select Committees (only for purpose to inquire
into specific matters) (enquiry into executive
action) (terms of reference set by senate)
Senate Budget Estimates (Cth) Oversight as to
how government is operating- Investigation of
ALL govt conduct
House of Assembly Budget Estimates (SA)-
Similar to Senate Budget Estimate
POWERS
✓ Parliamentary privilege (common law and
Australian Constitution s 49)
✓ Compel witnesses or production of
documents
✓ Privileges (no defamation suits)
✓ Makes a recommendation, reports to
chamber
✓ Punishment (by parliament) for contempt
✓ No power to compel members of other
chambers (or their advisers) (Senate
committee cannot compel HoR) (if they
start=dangerous precedent when opposition
comes into power)
DISADVANTAGES:
× Undermined- partisan politics; refusal to
exercise power
× Tainted terms of reference avoid illegalities.
Highlight achievement
EG: Senate Select Committee (2002)
‘Children Overboard’ ‘Certain Maritime
Incident’: Problems: getting people &
documents. Committee rarely exercised
powers to compel/ ask parliament.
f) The Auditor General
• Independent officer of the parliament (Auditor
General Act 1997 (Cth) s 8(1). Who assists
parliament in holding the executive to account in
terms of government finances (financial
accountability). Reports annually to Parliament.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Individual ministerial responsibility (conventions: for decisions personally taken and decisions of their department** Traditionally- minister would resign is department acted corruptly: weakening. Cornelia rau case study: minister refused to resign, some public servants within the. Dangers of politicisation of aps against their values of being an apolitical, impartial, accountable cohort. Intended to provide frank, honest, comprehensive, accurate and timely advice and in implementing the. Service act 1999 (cth) s 10(1: parliamentary mechanisms for facilitating. Standing committees (ongoing, established when parliament first sits, and continues for entire term) Select committees (only for purpose to inquire into specific matters) (enquiry into executive action) (terms of reference set by senate) Senate budget estimates (cth) oversight as to how government is operating- investigation of. No power to compel members of other chambers (or their advisers) (senate committee cannot compel hor) (if they start=dangerous precedent when opposition comes into power) Undermined- partisan politics; refusal to exercise power.
