64-610: IP Australia is an Australian Government agency, responsible for administering intellectual property law in Australia. The agency manages the registration of patents , trade marks , registered designs and plant breeder's rights in Australia. The agency sits under the Department of Industry, Science and Resources . From 1904 until 1998, the responsible government agency was called the Australian Patent Office ( APO ), which
128-485: A cabinet reshuffle . Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council , which is Australia's highest formal governmental body. In practice,
192-591: A change of government, with the exception of Cabinet records and Cabinet notebooks which since 1986 are released after 30 years. Cabinet documents are considered the property of the political government of the day, with access by successive governments only granted by request. However, the documents themselves are not legally protected, allowing the Australian Broadcasting Corporation (ABC) in 2018 to publish some Cabinet documents found in filing cabinets whose keys had been lost and subsequently sold at
256-455: A decision of the Cabinet is binding on all members of the government, regardless of whether they were present when the decision was taken or their personal views. Issues are debated within the confidential setting of Cabinet meetings so that some form of consensus can be summarised by the prime minister, as chair of the Cabinet, to be recorded in the Cabinet minute. Cabinet collective responsibility
320-468: A government surplus auction. The documents revealed the inner workings of recent governments, and were characterised by the ABC as the largest breach of cabinet security in the nation's history. As with other Westminster system cabinets, Cabinet committees play an important role in the effectiveness of the Cabinet system and providing avenues for collective decision-making on particular policy issues. As of 2024,
384-624: A member of either house, but section 64 of the Constitution requires the minister to become a member within three months. The prime minister and treasurer are traditionally members of the House of Representatives, but the Constitution does not have such a requirement. As amended in 1987, the Minister of State Act 1952 permits up to 30 ministers. As members of one house cannot speak in the other, ministers in each house serve as representatives of colleagues in
448-425: A system that immediately granted "innovation patents" for applications which pass a formalities test. Innovation patents are aimed at providing protection for short market life products. To demonstrate the absurdity of the system, an innovation patent application was filed for the wheel and granted automatically by IP Australia. The applicant, lawyer John Keogh, was awarded an Ig Nobel Prize (a satirical award within
512-570: A time when our work is a little bit quieter, so that when economic activity picks up again we will be well placed. That is adding to our costs for patent examiners, in particular where we have continued to recruit." [June 2009] To be an ISA, APO must have "at least 100 full-time employees with sufficient technical qualifications to carry out searches." [PCT Reg. 36.1 (i)] In 2001, the Australian Patent Office within IP Australia introduced
576-498: Is composed of senior government ministers who administer the executive departments and ministries of the federal government. Ministers are appointed by the governor-general , on the advice of the prime minister , who is the leader of the Cabinet. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. There are several Cabinet committees focused on governance and specific policy issues, with administrative support provided by
640-509: Is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than the application of a strict test. As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily under section 51 ). They also retain certain powers traditionally part of
704-575: Is most obviously expressed in the principle of Cabinet solidarity. In governments using the Westminster system, members of the Cabinet must publicly support all government decisions made in Cabinet, even if they do not agree with them. Cabinet ministers cannot dissociate themselves from, or repudiate the decisions of, their Cabinet colleagues unless they resign from the Cabinet. The principle of collective responsibility requires that ministers should be able to express their views frankly in Cabinet meetings in
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#1732863262869768-526: Is now a division within IP Australia. The headquarters are located at Discovery House in Canberra, Australia , with offices in some capital cities. IP Australia has been an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed in accordance with the Patent Co-operation Treaty since 31 March 1980. Australia is also a member of
832-616: Is on the agenda. Cabinet meetings are chaired by the prime minister, and a senior public servant is present to write the minutes and record decisions. Since 1942, every member of the Cabinet has been a member of the Australian Labor Party , the Liberal Party of Australia , or the National Party of Australia . The prime minister is responsible for the membership of the Cabinet, determines and regulates all Cabinet arrangements for
896-406: Is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the representative of the monarch of Australia ). The governor-general normally appoints the parliamentary leader who commands the confidence of a majority of the members of the House of Representatives. Also by convention,
960-412: Is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as
1024-407: Is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch. Unlike the other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands
1088-615: The Australian federal budget and the Mid-Year Economic and Fiscal Outlook. Decisions of the ERC must be endorsed by the Cabinet. The ERC is chaired by the prime minister with the treasurer as deputy chair and includes the deputy prime minister, the minister for social services, the minister for health, the minister for finance, and the minister for revenue and financial services. The Parliamentary Business Committee (PBC) considers priorities for
1152-532: The Constitution . In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. Until 1956 the Cabinet comprised all ministers. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Liberal Prime Minister Robert Menzies created a two-tier ministry, with only senior ministers being members of
1216-508: The Department of the Prime Minister and Cabinet . The outer ministry consists of junior ministers outside of Cabinet. There are also a number of assistant ministers (designated as parliamentary secretaries under the Ministers of State Act 1952 ), responsible for a specific policy area and reporting directly to a senior Cabinet minister of their portfolio. The Cabinet, the outer ministry, and
1280-454: The High Court . The name of the government in the Constitution of Australia is the "Government of the Commonwealth". This was the name used in many early federal government publications. However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations . The Whitlam government legislated
1344-752: The Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party (or its predecessor the Country Party), the leader of the junior Coalition party has had the right to nominate his party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios. When the Labor Party first held office under Chris Watson , Watson assumed
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#17328632628691408-665: The Madrid system for trade marks, the Paris Convention for designs and the UPOV for plant breeder's rights. IP Australia exercises its authority under a number of Commonwealth laws: Patent examiners are generally scientists and engineers who do not necessarily hold law degrees but have received legal training in patent law. "A patent examiner is hired based on their technical expertise, their professional qualifications and possibly their industry experience. They then undergo training within
1472-537: The front bench . This practice has been continued by all governments except the Whitlam government . The prime minister's power to select the ministry differs depending on their party. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party or its predecessor the Country Party , the leader of the junior Coalition party has had
1536-567: The leader of the Opposition , the Opposition in parliament appoints from its ranks a shadow cabinet to monitor government ministers and present itself as an alternative government. The portfolios of shadow ministers usually correspond with those of the government. When the Liberal and National parties are in Opposition, the shadow cabinet is appointed by the leader of the Opposition in consultation with
1600-494: The prime minister and other cabinet ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election . The prime minister
1664-407: The royal prerogative , such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied from section 61 of the Constitution . These were defined by High Court Justice Anthony Mason , as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation". They have been found to include
1728-609: The vice-president of the Executive Council presides at the meeting of the council. Since 1 June 2022, the vice-president has been senator Katy Gallagher . As of 17 August 2024 , there are 16 departments of the Australian Government. Additionally, there are four departments which support the Parliament of Australia : The following corporations are prescribed by Acts of Parliament: As of March 2024 ,
1792-551: The Australian government's legislation program and requests to the prime minister for the presentation of ministerial statements. Decisions of the PBC do not require the endorsement of the Cabinet. The PBC is chaired by the leader of the house with the leader of the government in the Senate as deputy chair and includes manager of government business in the senate, the deputy leader of the house, and
1856-672: The British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing for statutory instruments and Henry VIII clauses . Ultimately whether power
1920-515: The British parliamentary cabinet system. This entails collective decision-making and responsibility, Cabinet solidarity and confidentiality. The role of collective decision-making reflects the parliamentary tradition that the confidence given to governments by the House of Representatives is collective, rather than towards individual ministers. Similarly, the governor-general, in acting on ministerial advice, needs to be confident that they only give effect to government policy. In practice this means that
1984-534: The Cabinet committees are: The National Security Committee (NSC) focuses on major international security issues of strategic importance to Australia, border protection policy, national responses to developing situations (either domestic or international) and classified matters relating to aspects of operation and activities of the Australian Intelligence Community . Decisions of the NSC do not require
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2048-427: The Cabinet, while the other ministers are in the outer ministry. This practice has been continued by all governments since, with the exception of the Whitlam government. When the non-Labor parties have been in power, the prime minister has advised the governor-general on all Cabinet and ministerial appointments at his own discretion, although in practice he consults with senior colleagues in making appointments. When
2112-570: The Commonwealth of Nations and the US federal government by those not familiar with Australia's system of government. This terminology remains preferred by the government. However, the terms Commonwealth Government and federal government are also common. In some contexts, the term "government" refers to all public agencies that exercise the power of the State , whether legislative, executive or judicial. The government's primary role, in its executive capacity,
2176-585: The Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet. All members of the cabinet are members of the Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general. The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd
2240-1410: The assistant minister to the prime minister. The other committees are the Government Communications Subcommittee, the National Security Investment Subcommittee, the Net Zero Economy Committee and the Priority and Delivery Committee. MP for Grayndler (1996–) MP for Corio (2007–) Senator for South Australia (2002–) MP for Rankin (2013–) Senator for Australian Capital Territory (2019–) Senator for South Australia (2016-) MP for Watson (2004–) MP for Hindmarsh (2019–) MP for McMahon (2010–) MP for Sydney (1998–) MP for Ballarat (2001–) MP for Kingston (2007–) MP for Maribyrnong (2007–) MP for Isaacs (2007–) MP for Blaxland (2007–) MP for Franklin (2007–) MP for Greenway (2010–) MP for Brand (2016–) MP for Chifley (2010–) Senator for Queensland (2016–) MP for Hotham (2013-) Senator for Northern Territory (2016–) MP for Shortland (2016–) Led by
2304-531: The assistant ministers collectively form the full Commonwealth ministry of the government of the day. Officials and advisors are not allowed to attend Cabinet, with only Cabinet ministers and the three official note-takers that produce Cabinet minutes able to be present during deliberations. The Cabinet is a product of convention and practice. There is no reference to the Cabinet in the Australian Constitution and its establishment and procedures are not
2368-650: The caucus regained this power in 2013. According to reporting by the Sydney Morning Herald , ministerial positions are allocated by the Left and Right factions proportionally according to their representation in the Parliament. The King is not involved with the day-to-day operations of the government, belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government. While
2432-581: The confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in the Dismissal of 1975. In that case, the Governor-General Sir John Kerr dismissed the prime minister and government due to his conclusion that the government had failed to secure supply. The propriety of the use of the powers during that event remain highly contested. The Federal Executive Council
2496-465: The date on which you commence duties, you may have failed to meet a condition of your engagement, failed to complete your entry-level training courses and you may lack an essential qualification for the performance of your duties. Consequently, it is likely that immediate action will be taken to terminate your employment." [October 2010] "APO is pursuing a medium-term strategy of continuing to engage patent examiners so that we can reduce that backlog during
2560-517: The election he would dispense with this tradition and appoint the ministry himself. In fact, the caucus rule requiring the election of ministers remains in place. At the first caucus meeting after the election, Rudd announced the members of his chosen ministry, and the caucus then elected them unopposed, thus preserving the outward form of caucus election. Members of both the House of Representatives and Senate are eligible to serve as ministers and parliamentary secretaries . A minister does not have to be
2624-409: The endorsement of the Cabinet. The NSC is chaired by the prime minister with the deputy prime minister as deputy chair and includes the attorney-general, the minister for foreign affairs, the minister for defence, the treasurer, the minister for immigration and border protection, and the Cabinet secretary. The Expenditure Review Committee (ERC) considers matters of regarding expenditure and revenue of
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2688-464: The executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative (but since the appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers). Members of the government do not exercise executive power of their own accord but are instead appointed by
2752-455: The expectation that they can argue freely in private while maintaining a united front in public when decisions have been reached. This in turn requires that opinions expressed in the Cabinet and Cabinet Committees, including in documents and any correspondence, are treated as confidential. As such, Cabinet documents are broadly immune from Freedom of Information Act requests. All Cabinet documents are destroyed once they are no longer needed or at
2816-530: The fields of STEM for things that are unusual, imaginative or goofy) for his patent of the wheel. Australian Government [REDACTED] [REDACTED] The Australian Government , also known as the Commonwealth Government or simply as the Federal government , is the national executive government of Australia, a federal parliamentary constitutional monarchy . The executive consists of
2880-477: The following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs): The following Commonwealth companies are prescribed as GBEs: Cabinet of Australia [REDACTED] [REDACTED] The Cabinet of Australia , also known as the Federal Cabinet , is the chief decision-making body of the Australian government . The Cabinet is selected by the prime minister and
2944-512: The government and is the final arbiter of Cabinet procedures. As chair of the cabinet, the Prime minister sets the Cabinet’s agenda and determines when and where meetings take place. The Prime minister leads and guides discussion to achieve a collective response; however where a collective decision is not possible, the prime minister’s view is authoritative. The Australian Cabinet follows the traditions of
3008-495: The governor-general as ministers, formally as the "Queen's [or King's] Ministers of State". As such, while government ministers make most major decisions in cabinet, if those decisions require the formal endorsement of the governor-general in council, those decisions do not have legal force until approved by the Federal Executive Council , which is presided over by the governor-general. Similarly, laws passed by both houses of parliament require royal assent before being enacted, as
3072-419: The king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally, the bottom layer includes public servants , police, government departments and independent statutory bodies who directly implement policy and laws. Executive power is also difficult to clearly define. In
3136-511: The leader of the Nationals. When Labor has been in Opposition, the caucus has elected the shadow ministry and the leader has allocated portfolios. Smaller non-government parties often appoint spokespersons for Cabinet portfolios, but these are not referred to as a shadow cabinet. [REDACTED] This article incorporates text from this source, which is by Department of the Prime Minister and Cabinet, Australian Government available under
3200-481: The monarch is a constituent part of the Parliament. However, in all these cases, except for certain reserve powers, the King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers. Powers subject to the governor-general’s discretion are known as reserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command
3264-543: The monarch). However, in accordance with responsible government , and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament. The Australian Government is headquartered in the executive wing of Parliament House , located in the nation's capital, Canberra , in the Australian Capital Territory . The head offices of all the federal departments are located in Canberra, along with Parliament House and
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#17328632628693328-495: The office, and we use competency based training. An examiner will take somewhere between 12 to possibly 18 months to become what is called an acceptance delegate. That means they are assessed to be competent to assess a patent application and make a decision about it qualifying or satisfying all of the legislative provisions." [June 2009]. "If you have not attained the Commissioner of Patents Acceptance Delegation within two years of
3392-412: The other for answering questions and other procedures. As of September 2023 every government since Federation has had senators serve as ministers. The Senate typically provides one-quarter to one-third of the ministry. Some former senators and others have proposed that senators should not be eligible to serve as ministers, stating that doing so is inappropriate for members of a chamber that act as
3456-444: The outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries ), responsible for a specific policy area, reporting directly to a cabinet minister. The cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through
3520-404: The power to provide financial stimulus payments to households during a financial crisis and the power to prevent "unlawful non-citizens" from entering the country . Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to
3584-405: The prime minister is a member of the lower house. The prime minister and their sworn ministers form the cabinet , the key decision-making organ of the government that makes policy and decides the agenda of the government. Members of the government can exercise both legislative power (through their control of the parliament) and executive power (as ministers on behalf of the governor-general and
3648-410: The prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. However, in 2007 Prime Minister Kevin Rudd , assumed the power to choose the ministry alone. Later,
3712-635: The right to choose members of the Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by members of the Parliamentary Labor Party, the caucus , and this practice was followed until 2007. The prime minister retained the right to allocate portfolios. In practice, Labor prime ministers exercised a predominant influence over who was elected to Labor Cabinets, although leaders of party factions also exercised considerable influence. Under two-tier ministerial arrangements introduced in 1987, each senior or portfolio minister
3776-461: The right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios. When Labor first held office under Chris Watson , Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus , and
3840-458: The states' house and a house of review and because governments are only responsible to the House of Representatives. John Uhr and Senator Baden Teague state that an advantage of senators serving in ministries is that the Senate can compel them to answer questions about the government. Since the introduction of the two-tier ministry, meetings of Cabinet are attended by members only, although other ministers may attend if an area of their portfolio
3904-476: The subject of any legislation. The prime minister of the day determines the shape, structure and operation of the Cabinet and its Committees. Decisions of Cabinet (formally known as Cabinet minutes ) do not in and of themselves have legal force, requiring the endorsement from individual ministers, holders of statutory office, Parliament or the governor-general as advised by the non-deliberative Federal Executive Council —the highest formal executive body mentioned in
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#17328632628693968-444: The use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations. However, academic Anne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and the states in an attempt to increase federal power. The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with
4032-453: Was a member of the Cabinet. In 1996 this was modified by the Howard government , whereby two portfolio ministers, one being the attorney-general , were not members of Cabinet, and one portfolio had two Cabinet ministers. In subsequent Howard ministries, and the 2007 Rudd Labor ministry, all portfolio ministers were in the Cabinet. Before the 2007 election, Kevin Rudd announced that if Labor won
4096-547: Was in favour of the cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . Until 1956 all members of the ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as
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