Federal Executive Council (Australia)

The Federal Executive Council is a statutory body established by section 62 of the Australian Constitution to advise the Governor-General of Australia, on the matters of the federal government. The council comprises, at least notionally, all current and former Commonwealth ministers and assistant ministers. As the Governor-General is bound by convention to follow the advice of the Executive Council on almost all occasions, the Executive Council has de jure executive power. In practice, this power is used to legally enact the decisions already made by Federal Cabinet, due to the practices of the Westminster system making the cabinet a de jure authority in its own right.

Federal Executive Council

Parliament House
Canberra, Australian Capital Territory
Australia
Council overview
Formed1901
JurisdictionCommonwealth of Australia
HeadquartersParliament House, Canberra
Council executive

There are some laws that specifically require decisions or actions to be made by the ‘Governor-General in Council’, which means that they must be effected by the Governor-General in the presence and with the authority of the Executive Council, as opposed to by a minister acting alone. The matters that are typically required to be dealt with by the Governor-General in Council include:

  • the making of regulations
  • appointing, renewing and removing statutory officers
  • appointing judges
  • determining the appropriate use of Crown land
  • issuing proclamations.

The Australian Federal Executive Council is the equivalent of executive councils in other Commonwealth realms, and is similar to the privy councils of Canada and the United Kingdom (although unlike the UK privy council, the Leader of the Opposition is not typically a member).

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