Executive Council of New South Wales
Agency overview | |
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Formed | 1825 |
Jurisdiction | State of New South Wales |
Headquarters | Chief Secretary's Building |
Agency executives |
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The
Role and history
The Executive Council was created within the Royal Letters Patent commissioning
Made up of members of the New South Wales Legislative Assembly and the New South Wales Legislative Council, the cabinet is similar in structure and role to the Cabinet of Australia. As federal and state responsibilities differ there are a number of different portfolios between the federal and state governments, most prominent being the absence of foreign or defence portfolios in state governments. As required by Section 35CA of the Constitution Act 1902, all prospective Executive Councillors must take the pledge of loyalty or oath of allegiance and oath of office.[3] Once sworn in, the members of the council are entitled to bear the title "The Honourable". Once leaving office however, they must relinquish it unless they have served more than three years on the council or have been specifically approved to bear it for life by the monarch on the advice of the council. All retentions of the title must, however, be approved by Royal proclamation.
While the Governor acts as the President of the Executive Council, a minister is appointed to be Vice-President of the Executive Council,[4] as set forth in section 35D of the constitution, to act as chair in the absence of the governor and to facilitate the agenda and reports of members before the council and the crown.[5]
Meetings of the Council almost always consist of the Governor (or their representative; such as the
King-in-Council
The Government of New South Wales, which is formally referred to as His Majesty's Government is defined by the Constitution of New South Wales (1902) as the Queen acting on the advice of the Executive Council, or sometimes the Governor-in-Council, referring to the Governor as the King's representative. The sovereign or his viceroy govern by issuing Orders in Council, certified by the royal or viceroyal sign-manual and the Great Seal of New South Wales. In the construct of constitutional monarchy and responsible government, this is done on ministerial advice that is typically binding, though the sovereign and his or her representative may unilaterally use these powers in exceptional constitutional crisis situations.
References
- ^ "The Governor of NSW". Parliament of New South Wales. Archived from the original on 28 January 2010. Retrieved 29 March 2011.
- ^ "Governor Darling's Commission 1825 (UK)". Documenting Democracy. Museum of Australian Democracy. Retrieved 25 April 2014.
- ^ "CONSTITUTION ACT 1902 - SECT 35CA". New South Wales Consolidated Acts. Australasian Legal Information Institute. Retrieved 25 April 2014.
- ^ "CONSTITUTION ACT 1902 - SECT 35C". New South Wales Consolidated Acts. Australasian Legal Information Institute. Retrieved 25 April 2014.
- ^ "CONSTITUTION ACT 1902 - SECT 35D". New South Wales Consolidated Acts. Australasian Legal Information Institute. Retrieved 25 April 2014.
- ^ "The Executive Council". Executive Government. Parliament of New South Wales. Retrieved 25 April 2014.
- ISBN 9781862876514.