Executive accountability

Through Westminster Conventions, estimates committees, ministerial codes of conduct, committee of subordinate legislation, AAT and Auditor general and judicial review.

Westminster conventions: censure HOR

Holds individual ministers to account, if passed, binding. however, party discipline and gov control of lower house means won't pass. However, censures allow ministers breaching codes of conduct to be highlighted, public pressure may force min to resign.

HOR censure Morrison

2022 Censured by HOR for appointing himself to 5 extra ministries. However, no longer minister. Held accountable for decision, no loss of position.

Westminster conventions: censure Senate

can censure, not binding and lacks weight of Wminster convention.

senate censure brandis

censured 2015 for improper treatment of Human Rights commission President. However, did not resign, remained in parliament until 2017.

westminster convention: question time

Must answer questions. If mislead resign. Dorothy Dixers, refusal to resign, speaker stating an avoidant answer is relevant lowers effectiveness of QT. However, televised, people can see poor performing narrative can lead to resignation.

QT Dutton

As immigration minister, answers Bandt and says he has no personal connection to Women whose visa applications he accepted outside his departments wishes. Bandt believes Dutton misled as associates as who girls were going to work for- calls resignation. Dutton refuses. Low accountability.

QT travel gate

3 ministers lost job in QT, as couldn't answer pointed questions about abusing travel privileges. Public pressure.

Westminster conventions: NCV

Collective ministerial accountability. Gov rarely falls as majority in HOR and party discipline. Last time 1941 when gov altered Fadden's budget by 1 pound. Threat of NCV can hold to account.

NCV Morrison

Gov lost vote in HOR over Medevac bill. Some saw as NCV, Morrison said as wasn't primary bill he did not have to resign. Low accountability, ambiguity.

NCV Gillard

Minority gov- threat of NCV led her changing ALP speaker to normal voter, Liberal speaker. More effective if minority.

condemnation motion

passing does not mean resign, embarrassing.

condemnation motion Gillard

Greens moved, supported by LNP for Malaysian solution. Passed HOR. Bandt still had confidence in Gillard, wanted to hold to account.

estimates committees

Each legislation and reference committee play 3rd role twice a year, conduct investigation into govs budget. Gov wants appropriation bill to pass, to senate, to est committee, Qs ministers about gov spending, activity. Combines power and independence of senate. Most potent check. Limitation: can't compel lower house ministers to attend, public servants can't speak on gov policy, public interest can't speak on, reasonable excuse.

Estimates sports rorts

After Morrison gov investigation into Mackenzie's mishandling of sports grants, she resigned. During senate estimates, Wong questioned the narrow scope of investigation, why wasn't public, alleged PM had known. Held whole gov to account for affair. However, couldn't directly q PM, delegated minister.

estimates Hinch

On estimates committee, found gov dep had paid PR coach to teach public service how to answer Qs during estimates. Concerning, how to avoid Qs diminishing accountability, waste money,

estimates Tim flannery

environment minster, opposition wanted to question during estimates, avoided constantly with reasonable excuses. Eventually compelled.

Ministerial codes of conduct

Wminster conventions less effective, led to creation of COC. If broken, minister asks to resign, itself account.

Codes of conduct Fitzgibbon

Rudd defense minister. Brother of NIB CEO, received free accommodation from him. Instructed Army General to meet with NIB CEO- perceived corruption, preferential treatment. Resigned as minister as conceded had broken COC.

codes of conduct- Joyce

After winning bielection, revealed had been having extramarital affair with member of staff. Turnbull altered COC to include this. Insists Joyce steps down. 2018. However, regained Deputy PMship 2021. Held accountable for short amount of time.

SC for the scrutiny of delegated legislature

Scrutinize subordinate legislature made by government, that has been delegated by parliament. 1500 pieces a year. Can recommend disallowment if oversteps/unnecessary.

Senate SC delegated leg AI use

In 2024, SC challenged gov regulations allowing AI to make immigration and biosecurity decisions. Allowed public awareness of issue, forced government to justify use.

accountability in the modern era

Wminster conventions are insufficient alone to hold the government to account. Creation of of other institutions meets increasing demand for account- the auditor general and the Administrative appeals tribunal

Auditor General

Independent officers of parlimanet, governs to Australian National Audit Office. Makes independent audits of the administrative executive.

e.g. AG reports on admin of environmental law

Report published in 2020 by the ANAO stated 79% of approvals made by the dep of Water, Environment and Agriculture were not compliant with established procedures and had errors. Not reaching desired environmental outcome. The Greens, ALP used report to scrutinize gov, minister for environment stated gov would put $25 mill to address issue.

the AAT

Reviews admin decisions, holds public service to account.

AAT Robodebt

Automated debt recovery introduced in 2016. However, the algorithm was flawed and resulted in Australians getting debt notices they did not have. From 2016- 2019, the AAT overturned 1/3rd of 1700 Robodebt decisions. Warned the government of policy implementation issues, gov eventually overturned the policy due to it being unlawful.