Which laws describe the role and function of ministers?

In general, the role and function of ministers is not defined by law. Many of the roles and responsibilities of ministers are shaped by convention, or tradition. Some specific ministers may have certain powers or obligations under specific laws.

There are laws which shape how the ministry operates:

  • Section 64 of the Australian Constitution defines who can be ministers – they must be members of parliament. Section 64 says that ministers will be appointed by the Governor-General to manage departments. However, the Constitution does not define departments or describe how they should be managed by ministers. 
  • The Ministers of State Act 1952 says there can be a maximum of 30 ministers. This law also includes rules about publicly announcing when there are changes in ministerial roles. But again, it does not define exactly what a minister’s role is.
In the Senate, senators sit on red 2-seater benches with wooden desks.

Ministers in the Senate

Paul Furness/DPS Auspic

Ministers in the Senate

In the Senate, senators sit on red 2-seater benches with wooden desks.

Paul Furness/DPS Auspic

Description

Ministers sit in the front row of the government benches in the Senate.