The Ministry (Cabinet)

What is the Ministry?

The ‘Ministry’ is the group of Ministers, including the Premier – and also known as the ‘Cabinet’ – which make up the executive government of NSW. The terms ‘Ministry’, ‘Cabinet’ and Executive’ are more or less interchangeable.

The Executive actually governs. Each Minister has one or more government departments or agencies which he or she is in charge of and responsible to the Parliament for. They also have a number of laws which they and their departments administer. The decisions made by ministers, either individually or together (in Cabinet) provide policy and direction for government. Under their direction the various agencies and departments carry out the administration of government in the State.

Any number of Ministers including the Premier can be appointed to the Ministry in NSW, although in recent years the number of Ministers has ranged between 18 and 21. Ministers in NSW are Members of Parliament and can be from either House of Parliament, although by convention the Premier (the leading Minister) and most other Ministers are from the Lower House. This is because of the convention that a government needs the confidence of the Lower House in order to govern and if it cannot win in that House on significant issues it will be expected to resign.

The Ministers are senior parliamentary members of the party or coalition of parties that can command a majority in the Lower House.

In addition to the Ministers, in recent years the position of Parliamentary Secretary has developed, several non-Ministers being appointed to these positions from the Government benches. A Parliamentary Secretary is not a Minister or a member of Cabinet, but assist Ministers in a number of number of areas, sometimes deputising on their behalf.

Appointing the Ministry

The Constitution of NSW gives the Governor of NSW the authority to appoint Ministers as well as Judges, Commissioners, Justices of the Peace and other necessary officers. In practice, the Governor asks the leader of the party or parties able to command a majority in the Legislative Assembly (Lower House) if they can form a government. If assured that they can, the Governor appoints that person as Premier.

The Premier will then nominate the remainder of the new ministers and the Governor will appoint them. In effect, the Premier selects the Ministry and the portfolios Ministers will hold. One qualification to this is that in Labor Governments the selection of people to become Ministers is made by the Parliamentary Labor Party (”in Caucus”) and the Premier allocates the actual portfolios (positions).

Various events may lead to appointment of a new Ministry. The most obvious is a General Election. Once an election has taken place and the outcome is clear, the Governor invites the majority leader in the new Legislative Assembly to form a government. Even if the previous government is returned to office, the Premier will normally submit his resignation as Premier, but then will be commissioned by the Governor to form a new government. If the previous government has lost the election, the Governor will invite the leader of the party or parties now commanding a majority in the Lower House to form a government. The new Premier will then recommend the new Ministers for appointment by the Governor.

A change of government can occur without a General Election. If a government is defeated on the floor of the Legislative Assembly on a significant issue and can no longer command the confidence of the House they are expected to resign. The Governor will then attempt to appoint a new Premier with command of the House. If stable government becomes impossible, the Governor can call a new General Election.

Changes to the Ministry often take place without changes of government, through resignations, retirement or death. Alternatively, a Premier may decide to reconstruct the Ministry, reallocating some portfolios, appointing new Ministers or removing some existing ones. The procedure is much the same, with the recommendation submitted to the Governor who then makes the appointments.

On appointment, Ministers are required to take oaths of allegiance to the Queen and to affirm that they will, to the best of their judgement “... freely give my counsel and advice to the Governor or Officer administering the Government of NSW for the time being for the good management of the public affairs of NSW ...” They also affirm that they will keep Cabinet confidentiality (ie not publically discuss what happens in Cabinet).

The Executive Council

The Constitution of NSW provides for an Executive Council as the formal, official arm of government to give legal authority to such things as proclamations, regulations under the Acts authorised by Parliament, appointments to public office and commissions for officers of the police service. These are all said to have been done by the Governor-in-Council.
The Executive Council comprises the Governor and the NSW Cabinet Ministers. The Cabinet, consisting in NSW of all the Ministers, meets in secret to decide upon the policies and actions of the government. The Executive Council then acts on the advice of the Cabinet and gives formal expression to many of these actions. The Governor is President of the Executive Council, and always chairs the meetings if present and on most occasions the actual meetings consist of the Governor, the Governor's Official Secretary, and at least two Ministers.

The Governor of NSW does, however, have undefined "reserve powers" which can allow action without the advice of the Cabinet on exceptional occasions. For more on this see the Governor of NSW

The Ministry and Parliament

Ministers must attend Parliament unless leave is given. Ministers contribute to the daily Parliamentary order of business prepared by the leader of the government. Ministers present and speak to legislation related to their portfolios. It is traditional for at least one Minister to be in the House at all times, sitting in the Minister’s Chair at the Table of the House, this being generally the Minister whose business is under discussion at that time. This Minister also represents the Government in the House.
At Question Time any Minister may be called upon to reply to a question relating to their portfolio. Question Time is a particular moment which expresses the responsibility of Ministers to Parliament, particularly in the Lower House. although at all times Ministers remain responsible to the House.

Question Time in the Upper House does not carry quite the same significance. Ministers who are Members of the Upper House (Legislative Council) represent the whole government there as well as their own particular portfolios. On certain occasions, Ministers from one house will be permitted to sit in and address the other house for the purpose of explaining a bill relating to their administration. This rarely used provision has been put into effect a number of times since 1995 to present the State Budget since the Treasurer has been a Member of the Upper House and the Budget is traditionally presented in the Lower House.

Roles and Responsibilities of the Premier and Ministers

As Members of Parliament, Ministers are responsible to it. This is the basis of the principle of responsible government. It is a firmly established convention that the Ministers – both collectively and individually - are responsible for their actions and for the decisions of Cabinet. By convention, a Minister or a Government unable to command majority support in the Lower House or who has been demonstrated to have mislead parliament on some issue, will be expected to resign.
However, in most matters, unless the Minister has acted independently of the Government or committed offences against the law or public morality or political etiquette, he or she will be protected as far as possible by Cabinet solidarity and the party.

As a Member of Cabinet, a Minister forms part of the policy and decision-making process that is central to government action. The processes and discussions of Cabinet are confidential, unlike those of Parliament, and it is only the decisions which emerge. These decisions may result in new legislation, budgetary changes, appointments and many other actions and statements. Ministers, being senior party members, also tend to be influential in party matters and organisation.

In heading up a Government department or departments, Ministers are responsible for the effectiveness and efficiency of the agencies within their portfolio. Working with the appointed heads of these agencies, they will implement government policy and ensure agencies meet their goals and purposes within their allocated budgets. They will also seek the advice of the agency in the development of budgets, policy and new legislation. Each Minister will have statutes (laws) which they and their departments administer and must work within. Many of them allow the Minister to make regulations (such as traffic rules) which the Governor will proclaim. In a way, therefore, the Minister can make laws, although this, again, is subject to Parliament. Ministers are also responsible for the carriage of any new legislation in Parliament relating to their area of responsibility.

Ministers will also officiate at or represent the government at meetings and functions on special occasions. They will meet delegations and conduct negotiations, and may travel to represent government interests or their department.

Ministers who are Members of the Legislative Assembly are also local Members with local electorate responsibilities and must spend regular time dealing with the interests of their constituents and maintain an effective local electorate office.

The Premier, as the chief minister has all the responsibilities and roles of any Member and Minister but with a higher profile and greater level of expectation. The Premier is the senior representative and spokesperson for the Government, is usually its predominant Parliamentary performer, and tends to set the overall tone and direction of the Government. profile Media attention on any Premier in the last few decades has tended to present them to the public view almost as though they were the government on their own. It is they who are most likely to be held responsible by the media and public for perceived government shortcomings or to gain credits for successes. The Premier leads and coordinates the work of the Ministers, having greater authority over all aspects of the Cabinet and Government’s actions than any other Minister. As noted previously, the Premier allocates (and can withdraw) the portfolios that Ministers have and, in the case of the non-Labor parties, also chooses who will be Ministers. The Premier is usually also very influential in party matters.

The Constitution of NSW makes little reference to the Ministers by title - only the Premier and Attorney-General are specifically referred to - as there is considerable variation in the makeup ot the Ministries and their portfolios. Some long standing positions have now disappeared from the Executive, the Colonial Secretary (later Chief Secretary) was a position which existed from 1824 but disappeared in recent years. The position of Attorney-General is the longest surviving executive position, going back to at least 1826. The position of Premier came into existence in 1856 with the institution of responsible government. Some former executive positions eventually became public service positions (such as Surveyor-General, Auditor-General, Commissioner of Railways), while others disappeared from the State government when their functions were transferred to the Federal Parliament in 1901(Postmaster-General, Collector of Customs). Another position of very long and consistent standing is that of Treasurer. The NSW Treasury Office is the second oldest institution of government in the state dating back to 1824, and the position of Colonial Treasurer was established in 1830 (and held for its first 26 years by Campbell Drummond Riddell). Inevitably, with such influence over the direction of financial affairs of the state, the Treasurer has always been a position of great importance in Cabinet and which has often also been held by the Premier.

Current Ministers and Government Departments

Details of current NSW Ministers are listed in the Members » Ministers section of this site.

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The Shadow Ministry

Officially, only the Leader and Deputy-Leader of the Opposition are recognised parliamentary positions, but in recent decades the major opposition party or coalition of parties has adopted the practice of establishing a ‘Shadow Ministry’. In a manner similar to that in which Ministers are selected (though without official status or appointment by the Governor) the Opposition Leader allocates to senior Opposition members the responsibility of ‘shadowing’ the work of a particular Minister. They become the Opposition expert and spokesperson in that area, critiquing or challenging the government and raising questions about the Ministers’ performance, developing alternative policies and preparing themselves for future government when they might hope to take on the role of Minister themselves. Then Leader of the Opposition is, of course, the chief shadow minister, with the Premier as the primary object of interest.

Details of the current NSW shadow ministers are listed in the Members » Shadow Ministers section of this site.

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Last modified 21/02/2008 18:11:49 : Update this page