The Executive Council

The Executive Council is one of those arcane rituals so common in the Australian political system. It dates to a time when the English monarch ruled and occasionally condescended to take "advice" from lesser mortals. In time, the monarch's power shifted to the elected members of the parliament, but the tradition has continued where the monarch, or the monarch's representative, acts on the advice of ministers.

Section 61 of the Australian Constitution states that "the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth."

This section is one of the most significant parts of the Constitution that is not taken literally. By convention, the Governor-General only acts on the advice of his ministers. Those ministers represent the party or parties that command a majority in the House of Representatives.

Section 62 of the Constitution established the Executive Council as a body "to advise the Governor-General in the government of the Commonwealth." It stipulates that "the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure."

In practice, all current ministers are members of the Executive Council. In recent times, Parliamentary Secretaries have also been members of the Council. By convention, Executive Councillors retain their positions for life, but only current ministers are called on to "advise" the Governor-General.

Under the Constitution, the Executive Council is required to make proclamations, regulations and ordinances as delegated by various Acts of Parliament. It also issues writs for elections, appoints public servants, judges and members of the armed forces.

An Executive Council meeting usually requires the presence of two ministers and the Governor-General. Ministers are rostered for the meetings that are held each fortnight.

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