PART 21: THE STRUCTURE OF GOVERNMENT IN WESTERN AUSTRALIA

Western Australia is a Sovereign State established under the Crown, currently being Her Majesty Queen Elizabeth II, Queen of Australia – domiciled in the United Kingdom.

Her Majesty's primary representative in Australia is the Governor-General who, on behalf of the Crown, administers national government as set out in the Royal Letters Patent and Constitution of the Commonwealth of Australia.

However S61 of the Commonwealth Constitution prescribes original powers to the Governor-General - i.e. the Governor-General may act not as an agent of the Crown but as the Crown.

Each of the six states has a State Governor who, since the Australia Act of 1986, is subordinate to the Governor-General.

Each State Governor administers the government of the state on behalf of the Crown, having prescribed functions as set out in the applicable Royal Letters Patent and State Constitution.

WESTERN AUSTRALIA GOVERNOR

The Governor of Western Australia has prescribed functions, as set out in the Royal Letters Patent and WA Constitution Act 1899 (as amended).

The Letters Patent are established by Warrant under The Queen’s Sign Manual

The WA Constitution Act 1899 (as amended) is established by Parliament and is amended from time to time by Parliament.

The Governor holds a Vice-Regal office.

The powers and duties of the Governor are broad, complex and require further reading for detailed understanding.

ROYAL PEROGATIVE

All of the above activity of State is conducted within the scope of the Royal Prerogative.

This effectively provides immunity from prosecution for decisions and actions.

PARLIAMENT.

In both national and state jurisdictions, the Queen is advised by Parliament.

Parliament makes laws (mostly Acts and Regulations) for the government of the state, under the legal framework, jurisdiction and powers established by the WA Constitution Act 1899 (as amended) and Interpretation Act 1984.

The Interpretation Act 1984 prescribes:

" 7. Written laws to be construed subject to State’s legislative power

Every written law shall be construed subject to the limits of the legislative power of the State and so as not to exceed that power to the intent that where any enactment thereof, but for this section, would be construed as being in excess of that power, it shall nevertheless be valid to the extent to which it is not in excess of that power."

Laws do not have effect until Royal Assent is granted.

Laws are administered by the Crown via the government of the day under the policy direction of Ministers.

ADMINISTRATION OF GOVERNMENT

In effect, all government is "administration."

This is because the Letters Patent grant the Governor the function and powers to "administer" government.

EXECUTIVE COUNCIL

To give effect to the process of government, the Governor is advised by an Executive Council, established under the Royal Letters Patent and with the powers of the Royal Prerogative.

The Governor holds the Public Seal of the State for sealing all instruments required to bear the Seal.

The WA Governor’s Establishment Act 1992, which relates to employment of human resources by the Governor, prescribes "the Governor, when exercising the powers or performing the duties conferred or imposed on the Governor by this Act (other than the power conferred on the Governor by section 10), is not obliged to do so with the advice and consent of the Executive Council."

The Governor may also act "In-Council" with the Executive Council but without the advice of Ministers.

The Governor has power to appoint Ministers, (including the Premier), Justices of the Peace, Judges and Magistrates. The appointment of most senior public service officials calls for the consent of the Governor in Council. (‘In Council’ refers to the Governor and Executive Council).

MINISTERS

Ministers of the Crown are appointed by the Governor from time to time on the advice of the Premier of the elected government of the day.

The relationship between the tiers of government and its Departments and Agencies are set out in the Public Sector Management Act 1984 and its Regulations.

Local Government is not included within the scope of that Act, being autonomous.

Its administration of law, functions, duties, obligations and rules are different.

Local governmnet is self-regulating.

This page is at http://www.banned.oestex.com/Part 21 R1.htm

email: banned@aapt.net.au