The Westminster system
Learn how the Westminster system works in NSW, the roles of Ministers and Parliament, and your responsibilities when working in the government sector.
What is the Westminster system?
If you work in the NSW Government sector, it’s important to understand the system of government you’re part of.
Australia’s states, territories and federal government follow the Westminster system – a British model of responsible government.
Under this system, government sector employees serve the people by carrying out the government’s policies, decisions and programs. This means:
- Ministers and Cabinet make policy decisions. They are free to accept or reject agency advice.
- Executives work under their Secretary or agency head, but must respond quickly and professionally to Minister requests.
- Advice to Ministers must be apolitical, ‘frank and fearless’, and non-partisan.
How the Westminster system works
The Westminster system includes:
- a head of state – the King or their representative
- an elected parliament with one or two houses
- a government formed by the political party or coalition with majority support in the lower house
- a Prime Minister or Premier who leads the government
- a ministry, drawn from members of parliament, who hold executive authority and are accountable to the parliament
- an independent judiciary
- an apolitical, professional government sector that provides impartial advice to the government and implements its policies and programs.
Separation of powers
The Westminster system is based on separating the powers of government into three branches:
- Legislature – the Parliament, which makes the laws
- Executive – the Governor, Prime Minister/Premier, Ministers, departments and agencies, which implement the law
- Judiciary – the courts that interpret and apply the laws.
The separation of powers is a key part of Australia’s democracy. However, this separation is not complete because the executive is chosen from – and is accountable to – the legislature.
Key bodies in the Westminster system in NSW
Read the text description of key bodies
- The Crown contains the Governor (Sovereign representative) and links to 3 areas:
- Parliament
- Executive
- Judiciary
- Parliament contains Legislative Council and Legislative Assembly (both link to one another)
- Executive contains a structure as follows:
- Executive Council is the link to and from the Crown.
- Executive Council also links to and from the Premier and Ministers.
- Premier and Ministers link to 3 areas:
- Parliamentary Secretaries
- Public sector
- Ministers’ Officers.
- Judiciary contains NSW Courts.
The Parliament of NSW is the state’s law-making body. Members are elected to make laws, manage state finances, and debate matters important to the community.
It has two houses: the Legislative Assembly (Lower House) and the Legislative Council (Upper House).
The Governor is NSW’s formal head of state, appointed by the King on the Premier’s advice.
The Governor’s roles are constitutional, ceremonial and community-based.
The supreme executive authority in NSW is the Executive Council, consisting of the Ministers, presided over by the Governor. This is the formal, official arm of the Government, which gives legal authority to proclamations, regulations, appointments to the public service, judiciary, and other public positions such as officers of the Parliament, and commissions for officers of the Police Force.
The party (or coalition) with majority support in the Legislative Assembly forms the NSW Government. Its leader becomes the Premier.
The Premier and Ministers (known as the Cabinet) develop policy, carry out the laws through government departments and remain accountable to Parliament.
Ministers bring their proposals to Cabinet. Cabinet decisions are made collectively, kept confidential and are binding on all Ministers.
Under the Constitution Act 1902 (NSW), the Premier and Ministers are appointed by the Governor.
The Premier allocates ministerial portfolios and recommends appointments.
Ministers set policy and are accountable to the Parliament for their decisions. One convention of the Westminster system is ministerial responsibility, whereby Ministers administer and bear responsibility for the actions of an agency within their control.
Their parliamentary duties include:
- answering questions during question time
- responding to questions on notice
- introducing bills they’re responsible for
- attending budget estimates inquiries
- responding to committee recommendations.
The Premier may appoint extra Ministers to help with duties such as attending meetings, receiving deputations or handling correspondence.
The Governor commissions the appointment of Ministers. These appointments are published in the NSW Government Gazette on the day of approval.
The Constitution Act does not set the number of Ministers. The Premier decides the number and allocation of portfolios. If the number of portfolios the Government wishes to recognise is greater than the number of Ministers, some Ministers may be given more than one portfolio.
The Premier may change titles or groupings to reflect policy priorities or community needs. These changes — known as machinery of government changes — may affect your work.
To see the laws each Minister is responsible for, read the Allocation of the Administration of Acts.