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House of Representatives                                Ch 2                                                 p 68

Assistant Ministers

The Constitution mak es no provision for Assistant Ministers. Quick and Garran commented that the practice of including in ministries members of the Executive Council who did not administer Departments of State had grown in some of the Australian Colonies:

. . . but it does not appear to be contemplated by this Constitution. The heads of the chief departments are to be ‘the Queen’s Ministers of State’—a phrase which appears to mean not only that these officers are to be Ministers of the Queen, but that they are to be the Ministers of the Queen; in other words, that all the Ministers of State are to administer departments of State. ¹

In 1914 the question of the designation of Ministers without portfolio was raised in the House. Prime Minister Fisher preferred ‘Assistant Minister’ to ‘Honorary Minister’ but saw no distinction between the two. Speaker McDonald ruled that he knew of no constitutional objection to a question being addressed to an Honorary Minister as ‘Assistant Minister for Defence’. ²

The practice of having Assistant M inisters continued until 1941 when it came to be regarded as unsatisfactory, ³ especially in relation to the payment of salaries, ⁴ as it was felt that any such appointment would constitute an office of profit under the Crown not authorised by the Constitution ( see p. 72). Prior to 1941 Assistant Ministers were paid, not directly, but out of the Cabinet Fund, by deductions from the salaries of Ministers administering Departments of State. ⁵ When the Ministry was expanded from 11 to 19 in 1941, the immediate need for Assistant Ministers ceased.

Between August and October 1971, Assistant Ministers were again appointed—five Members and one Senator. ⁶ They were referred to as ‘Assistant Minister assisting the Minister for . . .’ ⁷ They were sworn as Executive Councillors, but were not Ministers of State in the constitutional sense and only supported certain senior Ministers in the discharge of their responsibilities. They received no salary, but were compensated for certain expenses incurred.

Following a report from the Standing Orders Committee, ⁸ standing orders were amended to cater for Assistant Ministers. ⁹ The House also agreed to the adoption of variations in practice to the effect that Assistant Ministers could be seated at the Table when in charge of debates (without allotting them seats on the ministerial bench), that motions or amendments moved by an Assistant Minister need not be seconded, and that an Assistant Minister, acting on the request of the Minister, could take charge of a bill in committee of the whole and, following the committee stages, formally move for the adoption of the report and the third reading. Should debate arise at the third reading the Minister responsible would again take charge of the bill.

The Prime Minister also expressed the view that Assistant Ministers could ask questions of Ministers, but not of the Minister whom they were assisting, and that they could not answer questions in the House. ¹⁰

Quick and Garran , p. 711.

H.R. Deb. (9.10.14) 59-61.

H.R. Deb. (24.6.41) 323.

H.R. Deb. (5.12.46) 1146; H.R. Deb. (19.3.58) 434.

The doubtful validity of this practice is outlined in S. Encel, Cabinet government in Australia , 2nd edn, Melbourne University Press, Carlton, 1974, p. 177; see also H.R. Deb. (5.12.46) l146.

VP 1970-72/707-8.

H.R. Deb. (20.4.72) 1925.

PP 20 (1972) .

VP 1970-72/1009-10.

See H.R. Deb. (18.5.72) 2758-9; H.R. Deb. (7.3.72) 589-90; H.R. Deb. (28.9.72) 2103-4.