When you work in the NSW government sector it is important to understand the system of government you are operating in.
The Westminster system is the basis of government in Australia, at the state, territory and federal level. It is based on the British model of responsible government.
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Under the Westminster system people who work for the public sector serve the people of their state, territory or country by implementing the government's policies, decisions and programs. This includes:
- understanding that Ministers and the Cabinet are responsible for deciding policy, and are free to accept or reject the advice of agencies
- accepting that although executives are under the direction of their Secretary or agency head, they have a clear duty to respond promptly and professionally to Ministers’ requests for advice or information
- providing advice to Ministers that is apolitical, 'frank and fearless’ and non-partisan.
The Westminster system comprises of:
- a head of state – the King or their representative
- an elected parliament, made up of one or two houses
- a government formed by the political party or coalition that has majority support in the lower house of parliament
- a Prime Minister or Premier, who heads the government
- a ministry, drawn from members of parliament – usually members of the government – who exercise executive authority and are accountable to the parliament
- an independent judiciary
- an apolitical professional public sector that provides the government with impartial advice and implements the government's policies and programs.
The separation of powers
At the heart of the Westminster System is the concept of the separation of powers between the 3 branches of government:
- The legislature: the Parliament, which makes the law.
- The executive: the Governor, Prime Minister/ Premier, Ministers, Departments and agencies, which implement the law.
- The judiciary: the courts that interprets and applies the laws made by the Parliament.
The separation of powers is one of the cornerstones of our democracy. In Australia’s Westminster system of parliamentary democracy, the separation is not total because the executive is drawn from and accountable to the legislature.
Key bodies in the Westminster system in NSW
- The Crown contains the Governor (Sovereign representative) and links to 3 areas:
- Parliament
- Executive
- Judiciary
- Parliament contains Legislative Council and Legislative Assembly (both link to one another)
- Executive contains a structure as follows:
- Executive Council is the link to and from the Crown.
- Executive Council also links to and from the Premier and Ministers.
- Premier and Ministers link to 3 areas:
- Parliamentary Secretaries
- Public sector
- Ministers’ Officers
- Judiciary contains NSW Courts.
The Parliament of New South Wales is the law-making body for the State of New South Wales, directly elected by the people to make state laws, control state finances, and discuss matters of importance to the people of New South Wales. It consists of two democratically elected Houses the Legislative Assembly (the Lower House) and the Legislative Council (the Upper House).
The Governor is the formal head of state in New South Wales. The Governor is appointed by the King on the Premier’s recommendation. The Governor has an important constitutional, ceremonial and community role in New South Wales.
The supreme executive authority in NSW is the Executive Council, consisting of the Ministers, presided over by the Governor. This is the formal, official arm of the Government, which gives legal authority to proclamations, regulations, appointments to the public service, judiciary, and other public positions such as officers of the Parliament, and commissions for officers of the Police Force.
Find out more about the role of the Governor and Executive Council.
Parliamentary elections determine the government of NSW, which is formed by the party (or coalition of parties) with majority support in the Legislative Assembly. The leader of the Government becomes the Premier.
The Premier and Ministers (the Cabinet) develop policy and carry out the laws through government departments. They remain members of Parliament and are responsible to it.
Ministers bring their proposals to Cabinet, which then makes decisions that are collective, confidential and binding on Ministers.
Under the Constitution Act 1902 (NSW) (the Constitution Act) the Premier and Ministers are appointed by the Governor. The Premier identifies and allocates the ministerial portfolios and recommends to the governor that the selected people be appointed.
Ministers decide on policy and are accountable to the Parliament for their decisions. One convention of the Westminster system is ministerial responsibility, whereby Ministers administer and bear responsibility for the actions of an agency within their control.
A Ministers’ parliamentary duties include:
- answering questions from other members of parliament during question time in the Legislative Assembly or the Legislative Council
- responding to questions on notice from other members of parliament
- the passage of bills for which they are responsible through their house of the parliament
- appearing at budget estimates inquiries.
- providing government responses to recommendations of committee inquiries.
The Premier may appoint a Minister to help them or other Ministers carry out their responsibilities. This assistance may include receiving deputations, attending meetings and functions, and handling correspondence. The Governor commissions these appointments. All appointments to or changes to the ministry are published in the NSW Government Gazette on the day of approval.
The Constitution Act does not prescribe a minimum or maximum number of Ministers. The number of Ministers is determined by the Premier. If the number of portfolios the Government wishes to recognise is greater than the number of Ministers, some Ministers may be given more than one portfolio.
The Premier may change the titles and groupings of portfolios from time to time to emphasise policy initiatives or in response to community expectations or needs. These changes are known as machinery of government changes and they may have an impact on your work.
For more information on the Minister responsible for each piece of legislation, see the Allocation of the Administration of Acts.