Parliament and the executive: WACE Year 12 Politics and Law
“Examine the relationship between the parliament and the executive and the operation of responsible government”
The Commonwealth Parliament makes law and the executive (the government, ministers and public service) administers it. Under responsible government the executive is drawn from and accountable to Parliament, so it must retain the confidence of the House of Representatives to govern.
What this dot point is asking
This dot point is about the working relationship between the two political branches of government. The Australian system fuses elements of the British Westminster tradition with a federal, written constitution, so the legislature and the executive are deliberately interlocked rather than fully separated.
The composition of Parliament
The Commonwealth Parliament is bicameral and, under section 1 of the Constitution, consists of the King (represented by the Governor-General), the Senate and the House of Representatives. The House of Representatives currently has 151 members elected from single-member electorates using preferential voting. The Senate has 76 senators, 12 from each state and 2 from each territory, elected by proportional representation. The House is where government is formed; the Senate is primarily a house of review and a states' house.
Responsible government
Responsible government is the convention that the executive is responsible to Parliament. The party or coalition that commands a majority in the House of Representatives forms government, and its leader becomes Prime Minister. Ministers must be members of Parliament (section 64 requires a minister to gain a seat within three months). This means the people who run the executive sit inside the legislature.
The core principle is that the government governs only while it retains the confidence of the lower house. If a government loses a vote of no confidence or fails to pass supply (its budget), convention requires it to resign or seek an election. Responsible government also includes individual ministerial responsibility (ministers answer for their own conduct and their department) and collective ministerial responsibility (the cabinet presents a united position and ministers who cannot support it should resign).
The formal executive under Chapter II is the Governor-General acting on advice. The real political executive is the Cabinet, the senior ministers who decide government policy. The wider executive includes all ministers, government departments and statutory authorities that implement legislation. Cabinet itself is a convention and is not mentioned in the Constitution.
How a bill becomes law
A bill must pass both houses in identical form and then receive royal assent from the Governor-General. The typical path is: first reading (introduction), second reading (debate on the principle of the bill), consideration in detail or committee stage (clause-by-clause examination), and third reading. The bill then repeats this process in the second house. Most bills are government bills introduced in the House of Representatives, though some begin in the Senate. Section 53 prevents the Senate from initiating or amending money bills (taxation and appropriation), though it can request amendments and can reject them outright.
The Senate as a check on the executive
Because government is formed in the House, the executive usually controls the lower house through party discipline. The Senate is therefore the more important check. When the government does not hold a Senate majority, it must negotiate with the opposition and crossbench to pass legislation, which is the main parliamentary brake on executive power. Senate committees also scrutinise legislation, question ministers and public servants at estimates hearings, and inquire into government administration.
Section 57 provides a mechanism for resolving disagreement between the houses. If the Senate twice rejects a bill passed by the House (with a three-month gap), the Governor-General may dissolve both houses for a double dissolution election. If the deadlock survives the election, a joint sitting of both houses may pass the bill by absolute majority.
Accountability beyond the houses
Executive accountability is reinforced by question time, the tabling of documents, parliamentary committees, freedom of information laws, the Auditor-General and the Commonwealth Ombudsman. These mechanisms are how Parliament and independent bodies hold ministers to account between elections. Critics argue strong party discipline weakens the lower house as a check, which is why the Senate and external watchdogs carry much of the real accountability load.
A common task is "Describe the path of a government bill through Parliament." Work through it in steps.
Step 1: Introduction in the House
Most government bills are introduced in the House of Representatives at the first reading. The second reading is the main debate on the principle of the bill.
Step 2: Detailed scrutiny
At the consideration in detail (committee) stage the bill is examined clause by clause and amendments are moved. The third reading passes the bill in its final form in that house.
Step 3: Repeat in the Senate
The bill goes to the Senate and repeats the same stages. The Senate may pass, amend (except money bills under section 53), or reject it. If amended, the bill returns to the House for agreement.
Step 4: Assent and deadlocks
Once both houses pass the bill in identical form, the Governor-General gives royal assent and it becomes law. If the houses deadlock, section 57 allows a double dissolution and, if needed, a joint sitting.
A frequent error is claiming Australia fully separates the legislature and executive. It does not. Because of responsible government, ministers (the executive) must be members of Parliament (the legislature), so the two branches overlap by design. The genuinely separated branch is the judiciary under Chapter III. Another common slip is saying the Senate can block the budget by amending it; the Senate cannot amend money bills under section 53, but it can reject or defer supply, which is what occurred in the 1975 constitutional crisis.
Exam-style questions
Questions in the style of SCSA exam questions on this dot point, each with a worked answer. They are written by ExamExplained unless tagged "Past paper"; the year shows the paper a question is modelled on.
WACE 2022-style12 marksExamine the operation of responsible government and analyse how effectively it holds the executive accountable to Parliament.Show worked answer →
A 12 mark response needs the doctrine explained and a judgement on how well it works.
Operation. Responsible government means the executive is drawn from and accountable to Parliament. The party commanding a majority in the House forms government; ministers must be members of Parliament (section 64) and the government holds office only while it retains the confidence of the House. It includes individual and collective ministerial responsibility.
Mechanisms. Accountability runs through question time, no-confidence motions, control of supply, ministerial responsibility, and Senate committees and estimates hearings.
Evaluation. Strong party discipline means the executive usually controls the lower house, weakening it as a check, so the real brake is a hostile Senate plus watchdogs like the Auditor-General and Ombudsman. Conclude that accountability is real but uneven, strongest where the government lacks a Senate majority. Markers reward the doctrine plus a balanced judgement.
WACE 2020-style6 marksExplain the role of the Senate as a house of review and one limit on its power over money bills.Show worked answer →
A 6 mark response needs the review role and the section 53 limit.
Review role. The Senate scrutinises and can amend or reject legislation passed by the House, and when the government lacks a Senate majority it must negotiate with the opposition and crossbench. Senate committees question ministers and officials at estimates and inquire into administration.
Limit on money bills. Under section 53 the Senate cannot initiate or amend money bills (taxation and appropriation), though it can request amendments and can reject or defer them, as in the 1975 supply crisis.
Markers reward the review functions and the accurate section 53 distinction between amending and rejecting.