| Commonwealth Government | |
|---|---|
 | |
| Overview | |
| Established | 1 January 1901; 124 years ago (1901-01-01) |
| Country | Australia |
| Leader | Prime Minister (Anthony Albanese) |
| Appointed by | Governor-General (Sam Mostyn) on theadvice of the prime minister |
| Main organ | Cabinet |
| Ministries | 16ministerial departments |
| Responsible to | House of Representatives/Commonwealth Parliament[a] |
| Annual budget |  $668.1 billion (2023–24)[3] |
| Headquarters | Executive wing,Parliament House,Canberra |
| Website | Government Directory |
| This article is part ofa series on the |
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TheAustralian Government, also known as theCommonwealth Government or simply as thefederal government, is the nationalexecutive government ofAustralia, afederalparliamentaryconstitutional monarchy. The executive consists of theprime minister,cabinet ministers and other ministers that currently have the support of a majority of the members of theHouse of Representatives[4] (the lower house) and also includes thedepartments and otherexecutive bodies that ministers oversee.[5] Thecurrent executive government consists ofAnthony Albanese and other ministers of theAustralian Labor Party (ALP), in office since the2022 federal election.[7]
Theprime minister is thehead of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by thegovernor-general (the federal representative of themonarch of Australia).[8] The governor-general normally appoints theparliamentary leader who commands the confidence of a majority of themembers of the House of Representatives.[9][10] Also by convention, the prime minister is a member of the lower house.[11]
The prime minister and their sworn ministers form thecabinet, the key decision-making organ of the government that makes policy and decides the agenda of the government.[4] Members of the government can exercise bothlegislative power (through their control of the parliament) and executive power (as ministers on behalf of the governor-general and the monarch).[12] However, in accordance withresponsible government, and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament.[13]
The Australian Government is headquartered in the executive wing ofParliament House, located in the nation's capital,Canberra, in theAustralian Capital Territory. The head offices of all the federal departments are also located in Canberra.[14]
The name of the government in theConstitution of Australia is the "Government of the Commonwealth".[15] This was the name used in many early federal government publications.[16]
However, in 1965Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the newCommonwealth of Nations.[17] TheWhitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations.[b][20][16] However, academicAnne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and the states in an attempt to increase federal power.[21] The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with the Commonwealth of Nations and theUS federal government by those not familiar with Australia's system of government.[22] This terminology remains preferred by the government.[23] However, the terms Commonwealth Government and federal government are also common.[24]
In some contexts, the term "government" refers toall public agencies that exercise the power of the State, whether legislative, executive or judicial.[25][26]
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The government's primary role, in its executive capacity, is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch.
Unlike the other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands the king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally, the bottom layer includespublic servants, police, government departments and independentstatutory bodies who directly implement policy and laws.[27][28]
Executive power is also difficult to clearly define. In the British context, it was defined byJohn Locke as all government power notlegislative orjudicial in nature.[29] The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing forstatutory instruments andHenry VIII clauses.[30] Ultimately whether power is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than the application of a strict test.[31]
As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily undersection 51). They also retain certain powers traditionally part of theroyal prerogative, such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied fromsection 61 of the Constitution.[32] These were defined byHigh Court JusticeAnthony Mason, as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation".[33] They have been found to include the power to provide financial stimulus payments to householdsduring a financial crisis[34] and the power to prevent "unlawful non-citizens"from entering the country.[35]
Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formallyparliamentary secretaries[36][37]), responsible for a specific policy area, reporting directly to a cabinet minister.[38][39][40]
The cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through acabinet reshuffle.[41] Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of theFederal Executive Council, which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet.[42] All members of the cabinet are members of the Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general.[43]
The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne.Kevin Rudd was in favour of the cabinet meeting in other places, such as major regional cities.[44] There are Commonwealth Parliament Offices in each state capital, including the originalCommonwealth Offices Building at 4 Treasury Place Melbourne, and theCommonwealth Parliament Offices, Sydney located in1 Bligh Street.[45]
Until 1956 all members of the ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956Robert Menzies created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as thefront bench. This practice has been continued by all governments except theWhitlam government.[38]
The prime minister's power to select the ministry differs depending on their party. When theLiberal Party and its predecessors (theNationalist Party and theUnited Australia Party) have been in coalition with theNational Party or its predecessor theCountry Party, the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios.
WhenLabor first held office underChris Watson, Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party (theCaucus), with the prime minister retaining the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence.[46] However, in 2007 Prime Minister Kevin Rudd assumed the power to choose the ministry alone.[47] Later, the caucus regained this power in 2013.[48] According to reporting by theSydney Morning Herald, ministerial positions are allocated by theLeft andRight factions proportionally according to their representation in the Parliament.[49]
The King is not involved with the day-to-day operations of the government,[8] belonging (according to theBagehot formulation) to the "dignified" rather than the "efficient" part of government.[50][51] While the executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative[52] (but since the appointing ofSir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers).[53] Members of the government do not exercise executive power of their own accord but are instead appointed by the governor-general as ministers, formally as the "Queen's [or King's] Ministers of State".[54][58] As such, while government ministers make most major decisions in cabinet, if those decisions require the formal endorsement of the governor-general in council, those decisions do not have legal force until approved by theFederal Executive Council, which is presided over by the governor-general.
Similarly, laws passed by both houses of parliament requireroyal assent before being enacted, as the monarch is a constituent part of the Parliament.[59]
However, in all these cases, except for certain reserve powers, the King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers.[60] Powers subject to the governor-general's discretion are known asreserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command the confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring inthe Dismissal of 1975. In that case, the Governor-GeneralSir John Kerr dismissed the prime minister and government due to his conclusion that the government had failed to secure supply.[61][62] The propriety of the use of the powers during that event remain highly contested.
The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. Thegovernor-general usually presides at council meetings, but in their absence another minister nominated as thevice-president of the Executive Council presides at the meeting of the council.[63] Since 1 June 2022, the vice-president has been senatorKaty Gallagher.[64]
As of 13 May 2025[update], there are 16 departments of the Australian Government.[65][66]
Additionally, there are four departments which support theParliament of Australia:[67][66]
The following corporations are prescribed by acts of Parliament:
As of March 2024[update], the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs):[71]
The following Commonwealth companies are prescribed as GBEs:[71]
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