An overview of the role of the executive arm of government in the Westminster system, in the context of Australian (and Queensland) governance.

1. The Executive: The third arm
of government
…and its role in sustaining good
governance
1

2. Outcomes
Institutions forming
part of the Executive
Critically evaluate
their role
Explain separation of
powers
Explain role, discretion
of enforcement
agencies
2

3. Constitution empowers three
arms of government
Executive
Legislature
Judiciary
3

4. Features of Westminster
system
Separation
of powers
Responsible
govt
4

5. Source of executive power
Constitution of
Queensland 2001
Commonwealth
Constitution
Chapter 3
Part 2 – Governor
Part 3 – Cabinet &
Ministers of the State
Part 4 – Executive Council
Part 5 – Powers of the
State
Ch II
Section 61
The Executive power of
the Commonwealth is
vested in the Queen and
is exercisable by the
Governor-General as the
Queen’s representative…
5

6. Executive
Administer the
state
Enforce law
Policy
Three arms of government
Judiciary
Interprets law
Solves disputes
Legislature
Makes laws
Represents the people

7. Who is the
executive?
Crown
Monarch
Governor
/Governo
r-General
Executive
Council
Cabinet
Ministers
Govt
departments
7

8. The crown plays a role in…
8
the courts
the
parliament
the
executive

9. Crown = executive =
government = the State
9

10. The monarch…
Power? Or symbolism?
10

11. The Governor-General,
Governors have power to…
Assent
Summon, prorogue,
dissolve parliament
Appoint ministers
Mercy
11

12. The Governor-General
has power to…
Command ADF
Receive foreign
dignitaries
Sign treaties
12

13. Governor must act on advice
13

14. *notable exception…
14

15. Executive Council
15
+
Governor/Governor-
General
Cabinet

16. Cabinet
16
http://www.news.com.au/national/prime-minister-tony-abbott-will-not-
recall-parliament-just-yet/story-fncynjr2-1226727544892 | Getty Images

17. Ministers
17
Parliament
Majority
Ministers

18. Government departments
18
Executive Building,
George St Brisbane, 1907
Executive Building,
George St Brisbane, 2009

19. Statutory Bodies
19

20. Opposition
<50%
(lower house)
Cabinet
Parliament
Govt >50%
(lower house)
Election
Ministers
Executive
Council
G-G/G
Govt
Depts
Back
benchers
20
No executive role;
promotes
accountability

21. Who is responsible to whom?
The people
Legislature
Department Ministers Cabinet
21

22. 22
Just how separate is the
separation of powers?

23. No structural separation
Minister sits in parliament Minister sits in cabinet
23

24. Little functional separation
Backbench follows
cabinet
Party voting block in
parliament
24

25. Goal of executive is to have
parliament carry out its policy
agenda: little separation… 25

26. Executive can make
delegated legislation
26

27. How separate is the
executive from the court?
27
Judicial
appointment
Tribunal
functions

28. Executive transparency
RTK
Judicial review
Ombudsman
28

29. 29
Note government incursions

30. Citizen Government
30

31. 31
Sure, I
exercise!
I exercise
discretion.

32. Enforcement agencies
exercise discretion
32

33. Case study: Police discretion
Whether to
investigate
How to
conduct
investigation
Whether to
arrest
Whether to
charge
What
charges
33

34. Dept EHP (Qld) enforcement
guidelines 2014
34
https://www.ehp.qld.gov.au/management/pdf/enforcement-
guidelines.pdf

35. …cont’d
35
https://www.ehp.qld.gov.au/management/pdf/enforcement-
guidelines.pdf
‘Enforcement action will be proportionate to the
breach.’

36. Seeking an exercise of
discretion
36

37. Exercising discretion
37

38. Review
Source of executive power
Executive function
Entities forming the executive
Separation of powers?
Transparency/accountability
Exercise of discretion
38

39. Slide Image source
18 http://commons.wikimedia.org/wiki/File:StateLibQld_1_157803_E
xecutive_Building,_Brisbane,_ca._1907.jpg Executive building
1907
https://www.flickr.com/photos/29289211@N05/4051151035/
Executive building 2009 | @oriolus84
36 http://www.brisbanetimes.com.au/queensland/im-with-stupid-
tshirt-not-campbell-newmans-election-charges-dropped-
20150304-13umhw.html | Judi Jabour
39