Introduction to Module One

Australian public servants operate within a political context and are an integral part of our parliamentary system of government. In order to operate effectively, you need to be able to understand the various aspects of government and the role political Institutions have to play.

Topic 1 will discuss some of the critical elements of the parliamentary system in order to inform your decision making as a policy-maker or manager, and provide you with an understanding of both houses and some of the attendant issues.

One method of keeping check on the improper use of power is the judiciary and the High Court discussed in Topic 2. The High Court is the ultimate referee regarding issues over the constitution and appeals to legal decisions, and it may not be so obvious how it influences your role until you subject it to more critical thinking.

For matters of efficiency, each new Government under the Westminster system, establishes a committee of senior members, the “Cabinet”, and this group is part of the executive arm (of which the public service is a part) to conduct the business of government. This is further discussed in Topic 3. You may have dealings with the Cabinet through providing Cabinet briefings to your Minister, or hosting ‘community cabinets’ when they meet in the regions, or through perusing the statements issued by cabinet about impending activities or policy announcements.

The Constitution guides the behaviour of the political system in Australia and, especially the dealings of federalism, by outlining the roles of the parties, and setting up rules. Sometimes we are in danger of losing awareness of its existence when all is going well, and it is when there is some conflict that it comes into its own. These issues are discussed in Topic 4.

Central to government is the part played by policy, and accordingly, an understanding of this role is important for all public servants and especially as you move further into senior ranks (Topic 5). Policy is how a Government translates political mandate into legitimate activity.

Federalism, discussed in Topic 6, is a critical element of our nation building and has sometimes been criticised for slowing development, causing sub-optimum policy settings, duplicating matters and creating waste. At the same time, it offers room for policy innovation, more flexible administrative options to achieve agreed national outcomes as well as structural buffers to extremism through coexisting political and legal systems. Because Australia has three levels of government, you feel the effects of our system of federalism in your work, and your awareness about the interactions, limits and reform agendas of how we govern ourselves will assist you to be more effective in understanding and influencing policy, while recognising opportunities across the system.

Because the State is increasingly delivering its services through non-state agencies, the boundaries are increasingly blurred and this aspect is introduced in Topic 7. How do you provide governance when you have no direct control over the agents as the state has traditionally operated?

As a society, we look to the political system and its rules and regulations to provide a secure framework for our lives, and to help resolve the conflicts that arise from time to time. Government and parliamentarians struggle for respect and there are ongoing criticisms of our political system. In spite of this, the economic and social indicators suggest that the Australian system has been more successful than the criticism may indicate.

As former Victorian Premier, John Brumby noted in his Hamer Oration^[1]:

As a public servant, you will already have developed a good understanding of aspects of government that you meet every day, both as a citizen and as a public servant.

Seven Characteristics of our Australian System

Australia is a parliamentary democracy built on British liberal traditions, incorporating some ideas of the US system, and has seven main characteristics (Fenna, 2021)^[2][3] as follows:

1. Parliamentary government, meaning that the political executive is formed in, and answerable to, the legislative branch.
2. Bicameralism, with the Commonwealth and all but one of the states and the two internal territories having upper and lower houses.
3. Constitutional government, based on a combination of ‘written’ and ‘unwritten’ rules.
4. Federal system, where authority is divided between the Commonwealth and the States (Local government is not mentioned in the Constitution).
5. Colonial–monarchical heads of state (British monarch, Governor-General, state Governors).
6. High Court, which sits at the apex of an Australian judiciary deciding civil and criminal law and adjudicates disputes on the constitutionality of those laws.
7. No constitutional bill of rights.

These features are there to ensure citizens’ interests and concerns are dealt with, that power is used appropriately, and that checks, and balances are in place to ensure rigorous competition for ideas safe from prolonged tyranny.

Parliament is the lawmaker and is there, not only for the politicians, but for all of us.

Many of the ethics, concepts, conventions, instruments, rights and rules discussed in this course have evolved in response to circumstances over time and underpin the importance of your role as a nation builder and the need to learn more of this topic because of the part it plays in the march of civilisation.