Federal Executive Council
Encyclopedia
The Federal Executive Council is the formal body holding executive
authority under the Constitution of Australia
. It is equivalent to the other Executive Councils
in other Commonwealth Realms
such as the Executive Council of New Zealand
and is equivalent to the Privy council
s in Canada
and the United Kingdom
. The Executive Council is presided over by the Governor-General of Australia
and exists to "advise" the Governor-General in the administration of the government. In practice (with only a few exceptions), the Governor-General is bound by convention
to act on the Council's advice. Unlike the British
and Canadian
councils, the Leader of the Opposition is not typically appointed to the Federal Executive Council.
The Council is established by section 62 of the Constitution. Section 64 establishes that all Ministers of State (i.e. Ministers
and Parliamentary Secretaries
) are members of the Council. Membership of the Council is normally for life, although in practice only serving government Ministers are invited to attend meetings. The Executive Council differs from the Cabinet
, in that the Cabinet only includes currently serving, senior Ministers. Members of the Executive Council are entitled to the style The Honourable
. Even though former Ministers (including those who have retired from political life) are rarely if ever called to attend Executive Council meetings, they formally remain "Executive-Councillors-on-call", and thus are entitled to the title "The Honourable" for life.
The position of Vice-President of the Executive Council
is usually given to a Member of the Cabinet. The appointment of Sir James Killen
to this post in 1982 was controversial because the office was seen as a sinecure
given that he held no Ministerial portfolio. He was nevertheless considered a member of the Ministry by virtue of this office, and he even administered a small, short-lived department (the Department of the Vice-President of the Executive Council; such a department also existed for two months in 1971, under Sir Alan Hulme
, who was simultaneously Postmaster-General).
Meetings do not require the Governor-General's attendance, but the Governor-General must be notified of the meeting in order for it to be valid. A quorum
for meetings is the Governor-General and two serving ministers or parliamentary secretaries. If the Governor-General is not in attendance, quorum is the Vice-President and two serving ministers or parliamentary secretaries. In the absence of the Vice-President, quorum is three ministers, one of whom, a senior minister, will preside. In practice, meetings will only be attended by a small number of Councillors rather than the full Cabinet.
Most of the powers vested in the Governor-General, such as appointments and the authorisation of budgets, are exercisable only by "the Governor-General in Council" - that is, under advice from the Federal Executive Council. The Council acts as a formal ratification body for decisions of the Cabinet. In a parallel manner to the Royal Assent
given to legislative Acts by the Governor-General after they have passed both Houses of Parliament, proposed executive actions will receive the approval of the Governor-General in Council after they have been agreed to by the Prime Minister
and Cabinet.
Each state of Australia
also has an Executive Council
, presided over in like manner by the Governor
of that State.
The Governor-General has the power to dismiss any member of the Executive Council, but that power is rarely exercised in practice. It might be exercised if, hypothetically, a minister or former minister were convicted of a serious criminal offence.
One notable case was that of the Queensland Senator Glen Sheil
. Malcolm Fraser
's government was re-elected at the 1977 election
on 10 December, and on 19 December he publicly announced the ministry he would be recommending to the Governor-General, which included Senator Sheil as the new Minister for Veterans' Affairs
. Sheil was sworn in as an Executive Councillor but prior to the scheduled swearing-in of the Ministry, he made public statements about apartheid that were at odds with the government's attitude to the issue. Fraser then advised Governor-General Sir John Kerr not to include Sheil in the ministry--advice that Kerr was required by convention to follow. Sheil's appointment as an Executive Councillor without portfolio was terminated on 22 December.
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
authority under the Constitution of Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
. It is equivalent to the other Executive Councils
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
in other Commonwealth Realms
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
such as the Executive Council of New Zealand
Executive Council of New Zealand
The Executive Council of New Zealand is the body which legally serves the functions of the Cabinet. It has a function similar to that served by the Privy Council in the United Kingdom...
and is equivalent to the Privy council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
s in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The Executive Council is presided over by the Governor-General of Australia
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
and exists to "advise" the Governor-General in the administration of the government. In practice (with only a few exceptions), the Governor-General is bound by convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
to act on the Council's advice. Unlike the British
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
and Canadian
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
councils, the Leader of the Opposition is not typically appointed to the Federal Executive Council.
The Council is established by section 62 of the Constitution. Section 64 establishes that all Ministers of State (i.e. Ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
and Parliamentary Secretaries
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
) are members of the Council. Membership of the Council is normally for life, although in practice only serving government Ministers are invited to attend meetings. The Executive Council differs from the Cabinet
Cabinet of Australia
The Cabinet of Australia is the council of senior ministers of the Crown, responsible to parliament. The Cabinet is appointed by the Governor-General, on the advice of the Prime Minister the Head of Her Majesty's Australian Government, and serves at the former's pleasure. The strictly private...
, in that the Cabinet only includes currently serving, senior Ministers. Members of the Executive Council are entitled to the style The Honourable
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
. Even though former Ministers (including those who have retired from political life) are rarely if ever called to attend Executive Council meetings, they formally remain "Executive-Councillors-on-call", and thus are entitled to the title "The Honourable" for life.
The position of Vice-President of the Executive Council
Vice-President of the Executive Council
The Vice-President of the Federal Executive Council is a position in Australian federal governments, whose holder acts as presiding officer of the Federal Executive Council in the absence of the Governor-General....
is usually given to a Member of the Cabinet. The appointment of Sir James Killen
James Killen
Sir Denis James "Jim" Killen, AC, KCMG , was an Australian politician.-Education and early career:Killen was born in Dalby, Queensland and educated at Brisbane Grammar School and the University of Queensland, where he graduated in law...
to this post in 1982 was controversial because the office was seen as a sinecure
Sinecure
A sinecure means an office that requires or involves little or no responsibility, labour, or active service...
given that he held no Ministerial portfolio. He was nevertheless considered a member of the Ministry by virtue of this office, and he even administered a small, short-lived department (the Department of the Vice-President of the Executive Council; such a department also existed for two months in 1971, under Sir Alan Hulme
Alan Hulme
Sir Alan Shallcross Hulme KBE was an Australian politician, accountant and cattle breeder. He was born in the Sydney suburb of Mosman and moved to Queensland before World War II, where he practised as an accountant...
, who was simultaneously Postmaster-General).
Meetings do not require the Governor-General's attendance, but the Governor-General must be notified of the meeting in order for it to be valid. A quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
for meetings is the Governor-General and two serving ministers or parliamentary secretaries. If the Governor-General is not in attendance, quorum is the Vice-President and two serving ministers or parliamentary secretaries. In the absence of the Vice-President, quorum is three ministers, one of whom, a senior minister, will preside. In practice, meetings will only be attended by a small number of Councillors rather than the full Cabinet.
Most of the powers vested in the Governor-General, such as appointments and the authorisation of budgets, are exercisable only by "the Governor-General in Council" - that is, under advice from the Federal Executive Council. The Council acts as a formal ratification body for decisions of the Cabinet. In a parallel manner to the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
given to legislative Acts by the Governor-General after they have passed both Houses of Parliament, proposed executive actions will receive the approval of the Governor-General in Council after they have been agreed to by the Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
and Cabinet.
Each state of Australia
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
also has an Executive Council
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
, presided over in like manner by the Governor
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
of that State.
The Governor-General has the power to dismiss any member of the Executive Council, but that power is rarely exercised in practice. It might be exercised if, hypothetically, a minister or former minister were convicted of a serious criminal offence.
One notable case was that of the Queensland Senator Glen Sheil
Glen Sheil
Glenister Fermoy Sheil was an Australian politician, representing the National Party in the Senate for the state of Queensland from 1974 to 1981, and again from 1984 to 1990....
. Malcolm Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
's government was re-elected at the 1977 election
Australian federal election, 1977
Federal elections were held in Australia on 10 December 1977. All 124 seats in the House of Representatives, and 34 of the 64 seats in the Senate, were up for election....
on 10 December, and on 19 December he publicly announced the ministry he would be recommending to the Governor-General, which included Senator Sheil as the new Minister for Veterans' Affairs
Minister for Veterans' Affairs (Australia)
The Australian Minister for Veterans' Affairs oversees income support, compensation, care and commemoration programs for more than 400,000 veterans and their widows, widowers and dependants....
. Sheil was sworn in as an Executive Councillor but prior to the scheduled swearing-in of the Ministry, he made public statements about apartheid that were at odds with the government's attitude to the issue. Fraser then advised Governor-General Sir John Kerr not to include Sheil in the ministry--advice that Kerr was required by convention to follow. Sheil's appointment as an Executive Councillor without portfolio was terminated on 22 December.