Document ID: chunk:federal_register_of_legislation:F2023C00394:body:0:p13
Version: federal_register_of_legislation:F2023C00394
Segment Type: other
Provision Reference: 
Character Range: 32778–35726

the Department, and two Associate Secretaries and a Deputy Secretary within the Department, operate as the executive management team responsible for the day-to-day delivery of the Department's services.

Based on the facts and circumstances above, Minister A, the Secretary of the Department, and the two Associate Secretaries and Deputy Secretary are members of the key management personnel of the Department as they have the authority and responsibility for planning, directing and controlling the activities of the entity.  Minister A's role is akin to that of a director in a company, as the Minister discharges their role and responsibilities regarding the Department and is ultimately responsible for the performance of the Department.  Minister B is not a member of the key management personnel of the Department as Minister B's role supports that of the Minister, rather than having any authority and responsibility for planning, directing and controlling the activities of the Department in Minister B's own right.

Example 2

The Cabinet is a group within the Australian Government (the Commonwealth of Australia) comprising the Prime Minister and a number of senior Ministers.  All current Ministers are part of the Executive Council, but not all Ministers are also part of Cabinet.  The Governor-General is the chair of the Executive Council.

Minister A, the Australian Minister for Education and Training, is part of Cabinet.  Minister B, the Assistant Minister for Education and Training is not part of Cabinet but is part of the Executive Council.  Minister D, the Minister for Justice, is also not part of Cabinet but is part of the Executive Council.

Cabinet's role is to direct the overall government policy and make decisions about national issues.  In Cabinet meetings, Ministers also present bills from their government departments.  Cabinet examines these bills, and recommends whether bills should proceed to Parliament or changes should be made.  A Minister who is not part of Cabinet may be invited to a Cabinet meeting to speak about developments within their portfolio.  The Cabinet is accountable to Parliament for the running of the government.

The Executive Council is a constitutional body charged with advising the Governor-General.  Legally, members of the Executive Council are chosen by the Governor-General; however, in practice, all current Ministers are part of the Executive Council.  The Executive Council acts as a formal ratification body for the decisions of Cabinet, and is required to undertake a range of functions including making proclamations, regulations and ordinances as delegated by various Acts of Parliament, issuing writs for elections, appointing public servants and recommending the appointment of judges.

Section 61 of the Australian Constitution provides that "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's