CABINET GOVERNMENT IN AUSTRALIA
The Cabinet
1. The Cabinet is the council of senior ministers who are empowered by the Australian Government ('the Government') to take binding decisions on its behalf.
2. As a forum, the Cabinet seeks through discussion and consultation to resolve disputes and build consensus around often difficult and controversial issues. The decisions of the Cabinet are understood to be collective, not of individual ministers, and Cabinet solidarity requires all ministers to take responsibility for them and support them.
3. 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 the subject of any legislation. Provided the guiding principles of a Cabinet system are met—collective responsibility and solidarity—it is for the Prime Minister of the day to determine the shape, structure and operation of the Cabinet and its Committees.
4. As the Cabinet does not have specific terms of reference or powers laid down in statute, the outcomes of its deliberations may require action by: the Governor-General, individual ministers whose executive power is derived from Chapter II of the Constitution, holders of statutory office, or by the Parliament, to be put into effect.
The Prime Minister
5. There is no statutory provision that establishes the office of Prime Minister or defines the role. The Prime Minister is understood to be the ‘first among equals' with responsibility for the strategic policy and organisational direction of the Government. Much of the Prime Minister's actual power as Head of Government—to lead policy and political direction—is achieved through their position as the Chair of the Cabinet.
6. The Prime Minister is responsible for the membership of the Cabinet, determines and regulates all Cabinet arrangements for the Government and is the final arbiter of Cabinet procedures.
7. 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 and ensures the clarity of decisions. In exceptional circumstances where a collective decision is not possible the Prime Minister's view is authoritative.
8. The Prime Minister is also responsible for the establishment of Cabinet Committees, including their terms of reference and membership.
9. The Prime Minister is supported by the Cabinet Secretary, to whom may be delegated responsibility for the day-to-day procedural and operational matters of the Cabinet and Cabinet Committees.
10. The Prime Minister advises the Governor-General on the appointment of ministers (including the title and scope of each minister's portfolio) and determines which ministers will form the Cabinet.
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