The Government of South Australia, also referred to as the South Australian Government or the SA Government, is the executive branch of the state of South Australia. It is modelled on the Westminster system, meaning that the highest ranking members of the executive are drawn from an elected state parliament. Specifically the party or coalition which holds a majority of the House of Assembly (the lower chamber of the South Australian Parliament).[2]
South Australia was established via letters patent by King William IV in February of 1836, pursuant to the South Australian Colonisation Act 1834. Governance in the colony was organised according to the principles developed by Edward Wakefield, where settlement would be conducted by free settlers rather than convicts.[3] Therefore governance would be divided between the Governor who was responsible to the British Crown and tasked with the authority to make laws,[4][5] and Colonisation Commissioners who were responsible for the sale of land to settlers to fund the colony.[3] This structure was found to be troublesome as the commission had control of the funds rather than the Governor, and as a result in 1838, the Governor was appointed Resident Commissioner to resolve conflict.[6]
In 1842 the British Parliament reorganised the structure of South Australia's governance by abolishing the Colonisation Commission and creating a Legislative Council of eight people (including the Governor) to exercise the legislative power of the colony.[7] In 1850 the British Parliament passed the Australian Constitutions Act 1850, which empowered the Legislative Council to alter its own composition. The Legislative Council responded by passing the Constitution Act 1856, which created a bicameral parliament and an executive responsible to it.[6]Boyle Finniss was appointed the first Premier of South Australia as part of an interrim executive until elections to the new Parliament could be held in 1857.[8][9]
The executive comprised ministers selected from the Parliament and the Governor was no longer able to unilaterally make most decisions. The new Parliament and Executive took over almost all of the powers held by the Secretary of State for the Colonies regarding the appointment to official positions in the colony, immigration, and customs matters.[4]
When federation occurred in 1901, South Australia became a state of the Commonwealth of Australia under the Constitution of Australia, which regulates the South Australia's relationship with the Commonwealth.[10] The state ceded certain executive powers (such as defence and customs),[11] but retained powers in all matters not withdrawn from them or in conflict with the Commonwealth.[12][13]
In 1934, the Constitution Act 1856 was repealed and replaced with the Constitution Act 1934,[14] which remains in force today with amendments.[15]
Executive power rests formally with the Executive Council, which consists of the governor and senior ministers.[2] The Governor plays an important practical role under the state's constitution and fulfils a symbolic role as local head of state. The Governor is appointed by the King and, for most practical purposes, exercises His Majesty's powers in the state. These include the fundamental powers to dissolve Parliament, call elections and appoint and dismiss ministers. The Governor in Executive Council is the formal mechanism for administration of the state. Many of the decisions made by Cabinet do not have legal effect until they are signed by the Governor in Executive Council. All items for the approval of the Governor in Executive Council must first be considered by Cabinet, with the exception of the assent to Acts. When exercising a statutory power, the Governor must act with the advice and consent of Executive Council. All ministers are ex officio members of Executive Council.[16]
The South Australian Government delivers services, determines policy and regulations, including legal interpretation, by a number of agencies grouped under areas of portfolio responsibility. Each portfolio is led by a government minister who is a member of the Parliament. As of September 2024[update] there were 14 government departments and 14 specialised agencies listed on sa.gov.au, being:[18]
A range of other agencies support the functions of these departments.
The Legal Services Commission is a statutory authority, independent of government, "funded by both the South Australian and the Commonwealth Governments to provide legal assistance to South Australians".[20]
^Australian Dictionary of Biography. "Boyle Travers Finniss (1807–1893)". Australian Dictionary of Biography. Australian National University. Retrieved 12 February 2024.
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