CHAPTER XXXI

RESPONSIBLE MINISTERS

ALTHOUGH there appears to be no statutory authority on the subject, a "Responsible Minister" may be defined as a Crown official who is eligible for a seat in Parliament.1 Owing to the very peculiar wording of the Officials in Parliament Act 1883 2 (adopted into the Constitution Act Amendment Act 1890), it is difficult to state exactly the law on the subject, but it is submitted that the following is an accurate summary of its provisions.

The Governor may appoint any number of persons, not exceeding ten, to offices of profit under the Crown, and these persons, notwithstanding the general rule which disqualifies Crown officials from sitting in Parliament, may be elected to either House. But they must be "responsible ministers of the Crown and members of the Executive Council, and" (i.e. presumably if so many are appointed) "four at least of such officers shall be members of the Council or Assembly." The total amount available for their salaries is the annual sum of £15,500, of which £14,000 was provided by the Constitution Act, and the remaining £1500 by the Officials in Parliament Act 1883.5 But there is no statutory rule as to the mode of distribution of this sum, except that the "additional officer appointed under the Officials in Parliament Act 1883" must

"3

1 I should have been inclined to add "and is a member of the Executive Council," but as the 2d section of the Officials in Parliament Act has provided that certain persons shall be "responsible ministers of the Crown and members of the Executive Council," I presume there is no necessary connection between the two ideas. 2 47 Vic. No. 280.

3 Constitution Act Amendment Act 1890, § 13.

4 § 46.

5 § 3.

receive £1500 a year.1 Not more than eight salaried officials may sit at any one time in the Legislative Assembly. Not only are the salaries of those officials specially appropriated by statute, but, up to the extent of the £14,000 provided by the Constitution Act, they must be accounted for to the Imperial Treasury. Upon accepting salaried office, a Responsible Minister vacates his seat in Parliament, but he is re-eligible, and a subsequent change from one office to another does not necessitate his re-election.5

The object of these peculiar provisions is undoubtedly to secure greater pliability in the distribution of offices. In theory, by the constitution of Victoria, the Cabinet offices are functional only, not organic. The holder of one office can do the work usually performed in another, and a redistribution of business can be made at any time. Nevertheless, owing to the requirements of certain statutes, and the natural convenience attaching to traditional names, the chief offices in the administration have become stereotyped, and may be enumerated as follows.

6

1. THE CHIEF SECRETARY, whose office was, under the old system, when its holder was known as the "Colonial Secretary," the official head of the Ministry, having been specially given precedence by Royal Instructions of 11th March 1852.$ Upon the introduction of Responsible Government, the change in the title was made at the wish of the framers of the Con

1 47 Vic. No. 280, § 3. The arrangement during the Gillies-Deakin government was as follows:

2 Constitution Act Amendment Act 1890, § 13.

3 Constitution Act, § 46.

4 Constitution Act Amendment Act 1890, § 19. 5 § 17.

6 With this object doubtless has been adopted also the increasing practice of conferring statutory functions on "the Minister for the time being administering this Act."

7 The old title is retained in the New South Wales Ministry, and it is still, apparently, officially recognised in Victoria (cf. Acts Interpretation Act 1890, § 6). 8 Original in Treasury Buildings, Melbourne.

CHAP. XXXI CHIEF SECRETARY AND TREASURER

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stitution, but the official precedence of the Chief Secretary seems to have disappeared on the introduction of the title of "Premier," which, however, in spite of the attempt of Mr. Berry to elevate it into an office, remains, as in England, merely a titular distinction. The head of the Ministry invariably fills the office either of Treasurer or Chief Secretary.

Like the Home Secretary in England, the Chief Secretary comes in for all Government work which does not distinctly belong to a special department, as well as for duties specially imposed on him by name.2 In the former capacity he usually undertakes the control of the business connected with the machinery of the police force, the inspection of factories and shops, the maintenance of penal establishments and gaols, the hospitals for the insane, the public libraries and museums, and the enforcement of the Health Act. In the latter he receives and publishes the returns of the Registrar of Births, Deaths, and Marriages, the accounts of the Commissioners of Savings Banks, licenses places of public amusement, and communicates the remission of a sentence to the judge who tried the case."

2. THE TREASURER is one of the very few executive officials of the colony who have definite duties imposed on them by the constitution. In fact it may be doubted whether the business of government could be legally conducted without him. He seems to combine in his person the functions of the Treasury and Exchequer departments, which in England, though long united, have for some time been severed. By § 46 of the Constitution Act the Treasurer 8 is bound to issue monies to the extent of the Civil List in discharge of warrants directed to him by the Governor, and to account for the same to Her Majesty through the Commissioners of the (Imperial) Treasury,

1 V. and P., 1853-4, iii. 597. The official in question is also described in the same document as "the Secretary to the Government."

2 Even in these cases his functions can be executed by any other Responsible Minister (Acts Interpretation Act 1890, § 6).

3 Sometimes minor duties in connection with these matters are conferred on him by statute (e.g. Police Regulation Act 1890, § 7; Gaols Act 1890, § 22; Libraries Act 1890, § 8). Since November 1890 there has been a separate Minister of Health. Cf. G. G., 5th Nov. 1890.

4 Registration of Births, Deaths, and Marriages Act 1890, § 11.

5 Savings Banks Act 1890, § 48.

7 Crimes Act 1890, § 541.

6 Theatres Act 1890, §§ 3, 4, and 6.

8 The Constitution Act said "Treasury," but the misprint was corrected by

50 Vic. No. 904, § 2.

the corporate body into which the great office of Lord Treasurer has long been resolved. By § 58, no part of the revenue of Victoria arising from sources over which the legislature has control can be made issuable except in pursuance of warrants under the hand of the Governor, addressed to the Treasurer. So that although, under § 48, the office of Treasurer may be abolished, it would hardly be possible for the Government to exercise this power without making some substantial change in the financial scheme. It is, of course, quite possible that the colony may some day follow the Imperial example, and put the Treasury in commission.

Moreover, certain duties are imposed on the Treasurer by name, in colonial legislation, notably in the Audit Act. But the best way to form an idea of his position will be to sketch the history of a Government financial year.1

Early in the session the Treasurer moves, in the Legislative Assembly, resolutions for the appointment of two committees of the whole House, the Committee of Supply, and the Committee of Ways and Means. On the occasion of the first sitting of the Committee of Supply, the Treasurer produces in the name of and by message from the Governor, the Estimates of the revenue and expenditure for the forthcoming year, together with the recommendations for expenditure and taxation, in pursuance of the 57th section of the Constitution Act.2 These documents taken together form the "Budget," and are generally introduced by a speech from the Treasurer, in which he explains the financial policy of the Government, and generally refers to the results of the previous year's finance. The Estimates may be amended by any subsequent estimates in the same session.

The Committee of Supply then proceeds to consider the Budget, and passes "votes" or resolutions, authorising the making of certain payments. At first these resolutions are for lump sums, well within the requirements of the various items for the year (except in the case of items fixed by statute), and are only intended to cover a period of about three months. They are reported to and confirmed by the House, and are the

1 The Government financial year ends on the 30th June (Acts Interpretation Act 1890, § 13).

2 The accounts for the previous year are also presented in pursuance of the Audit Act (cf. post, pp. 282-284).

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Government's authority for payments on account. To put the Government in funds for such expenditure, the Committee of Ways and Means then resolves upon the grant to Her Majesty of a sum to cover the expenditure voted by the Committee of Supply; and the resolution, having been reported to the House, is embodied in a short "Consolidated Revenue Bill,” and passed through all stages of legislation, appearing finally as a regular Act of Parliament. With the monies thus provided, the Government makes payments, in manner hereafter described, on account of the expenditure sanctioned by the Committee of Supply.

The Committee of Supply then takes into account the detailed items for the year, and, after examining them, votes them individually, deducting the amounts previously granted on account. As progress is made, the Committee of Ways and Means from time to time recommends various further grants to meet the expenditure sanctioned, and such recommendations are incorporated in Consolidated Revenue Bills and carried through all stages. Finally, the accounts for the year are passed, and included in a comprehensive Appropriation Bill, which also grants the balance of the funds necessary to meet the expenditure voted. The Appropriation Bill, like the bills making grants on account, is introduced on the formal vote of the Committee of Ways and Means.

In so far as the grants made are not already provided for by existing taxation or other sources of revenue, they have, of course, to be met by legislation. There is no general taxation Act, but duties are imposed by various statutes upon the importation of goods, the succession to the estates of deceased persons, or other objects, according to the policy of the day. With regard to Customs duties, the legislature of Victoria adopts one rather stringent precaution, making the Acts retrospective, so as to include all importations conducted since the proposal of the measure.1 Between the announcement and the enactment of the measure, evasion of the Act is prohibited by Customs Regulations, which are made by the Commissioner of Customs in pursuance of a resolution of the Assembly, and which practically enforce collection of the new

1 Thus the Duties of Customs Act 1889 in most cases applied from the 31st July, though it was not passed till 4th November.

2 E.g. V. and P. (L. A.), 30th July 1889.