What is ‘the Government’?
When we talk of ‘government’ we often mean all sorts of different things at once. Mostly, we mean the group that actually governs – that is, develops policy, makes decisions, controls government departments and agencies day to day. This is the
Executive, or, in Australia, the
Cabinet or
Ministry.
In Australia and other
Westminster style governments, the
majority party in the lower house of the Parliament (in New South Wales this is the Legislative Assembly)
forms ‘the government’. The members of that party sit in the Chamber to the right of the Speaker and are referred to in parliament as ‘the government’. Leading members of the majority party become the
Ministers, the chief minister in the state being called ‘the Premier’. Ministers remain members of the Parliament. This group collectively and individually is responsible for government policy and actions. They govern, so they effectively are ‘
the government’.
The Structure of Government in New South Wales
There are three main branches or elements of government: legislative, executive and judiciary. Each has its own powers and responsibilities and each, to some extent, is separate from the other. But each also has some power or authority over the others. No one branch can control all power in a democratic system. This is referred to as the Separation of Powers. The powers and roles of the institutions of government for New South Wales are set out in The Constitution Act 1902 or the Constitution of New South Wales.
The Legislature
This is the law-making body.
In New South Wales this consists of the Parliament, made up of two Houses
(the Upper House) or Legislative Council, and the Lower House or (Legislative Assembly) together with the Governor of New South Wales.
As well as law-making, Parliament represents the people (through elections) and determines the Government (the party with an elected majority in the Lower House).
It also provides a check on the activities of Executive Government.
The Executive
This is made up of the Premier and Cabinet or Ministers.
Each Minister is responsible for one or more government departments or agencies which carry out the activities of government.
The Ministers are appointed from amongst the majority party in Parliament and remain members of Parliament and are responsible to Parliament.
The Ministers develop, implement and administer government policy.
The Judiciary
This is made up of independent judges appointed to a system of courts, the highest being the NSW Supreme Court. There are also federal courts and the highest court for the whole of Australia is the Commonwealth High Court. Judges are appointed by Executive Government but cannot be removed except by a Parliamentary process. Judges interpret the laws
- in the highest courts they can even disallow laws which are found to be unconstitutional. They ensure that the law is applied fairly to all.
The Constitution of New South Wales
The constitution provides the framework of law by which the state is governed. It sets out the broad powers and rules under which the houses of parliament, Governor, executive government, judiciary, finances, government agencies and local government can operate. The NSW Constitution is an Act of Parliament introduced in 1902 after Federation, and followed on from several earlier Acts. It has been amended many times since. Most of it can be changed by an ordinary amendment Act in Parliament, although some sections, including those relating to major changes to the Legislative Council, can only be amended through a referendum of NSW voters.
