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Posts published in “Executive Conventions”

Scott Morrison: Statement of Ministerial Standards

Scott Morrison became Prime Minister of Australia on August 24, 2018.

This Statement of Ministerial Standards was issued on August 30, 2018.

The statement was posted on the website of the Department of the Prime Minister and Cabinet. The abstract says:

The Australian people deserve a Government that will act with integrity and in the best interests of the people they serve.

Serving the Australian people as Ministers and Assistant Ministers is an honour and comes with expectations to act at all times to the highest possible standards of probity.

All Ministers and Assistant Ministers are expected to conduct themselves in line with standards established in this Statement in order to maintain the trust of the Australian people.

All parliamentarians are required to disclose private interests to the parliament. Given the additional powers of Ministers and Assistant Ministers, the Prime Minister expects them to provide him with additional information about their private interests to ensure there are no conflicts with their roles as ministers.

This Statement is principles based and is not a complete list of rules. The Prime Minister expects all ministers in the Australian Government to live up to the high standards expected of them by the Australian people at all times.

Governor-General Acts On Prime Minister Turnbull’s Advice; Caretaker Period Ends

Government House has released correspondence between Prime Minister Malcolm Turnbull and Governor-General Sir Peter Cosgrove which brings the election’s caretaker period to an end.

The documents show that Turnbull wrote to the Governor-General the day after the election to advise him the outcome was uncertain and that he would continue in a caretaker capacity until the results were clear. Cosgrove accepted this advice.

Yesterday, Turnbull again wrote to Cosgrove to advise him that the government was now in a position to command majority support in the House of Representatives, either in its own right or with the support of crossbenchers, and that the Opposition Leader had conceded defeat. Cosgrove accepted this advice.

The effect of this is to remove the restrictions on the government’s ability to make policy decisions, appointments and other significant political decisions. The period of caretaker government has ended.

Some commentators assert that there is a role for the Governor-General in determining who is commissioned to form a government. The letters show that these decisions continue to be made by the elected representatives and the Governor-General acts on the advice of his prime minister. Even in the event of a hung parliament, as the events of 2010 demonstrated, the Governor-General does not act unilaterally, but on the advice of his or her chief adviser.

Government House Releases Double Dissolution Documents

Government House has released the documents related to today’s announcement of a double dissolution election on July 2.

The documents include the formal advice tendered by Prime Minister Malcolm Turnbull to Governor-General Sir Peter Cosgrove and Cosgrove’s written assent to the advice.

A statement from the Attorney-General, Senator George Brandis, has also been released. It sets out the legal position of the legislation twice rejected by the Senate and demonstrates how Section 57 of the Constitution has been satisfied.

The documents also show the hand-written annotations of the Governor-General.

Caretaker Conventions During The Federal Election

With the 2016 double dissolution federal election expected to be formally called tomorrow, the Turnbull government will soon go into caretaker mode.

The caretaker period usually begins when the Parliament is dissolved. This could take place as early as Monday, but must take place by close of business on Wednesday in order to satisfy the constitutional requirements of Section 57.

The caretaker conventions are based on the idea that the executive government can no longer he held to account by the Parliament. Therefore, during the election period, the government makes no major policy decisions or appointments and doesn’t enter into contracts, agreements or arrangements that would bind a future government. Any significant decisions that have to be made require consultation with the Opposition.

Governor-General’s Proclamation Summoning Parliament

The Governor-General, Quentin Bryce, has issued a proclamation summoning the Parliament to meet on November 12.

The proclamation is issued under Section 5 of the Constitution, which empowers the Governor-General to “appoint such times for holding the sessions of the Parliament as he thinks fit”.

As in all such matters, the proclamation is issued on the advice of the Prime Minister. It is the government that has decided when Parliament is to meet, not the Governor-General.

AustralianPolitics.com
Malcolm Farnsworth
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