University Assignment: PSPGEN043 Government Processes Review

This document presents a comprehensive solution to a PSPGEN043 Government Processes assignment, covering various aspects of the Australian government and its processes. It begins with an overview of relevant legislation, including the Financial Management and Accountability Act 1997 and the Public Works & Procurement Act 1912, outlining their roles in financial management and public work. The assignment delves into the delegation of power within government, providing details on how power is vested and the requirements for goods and services procurement. It also explores the structure of the Australian government, including the roles of the federal, state, and local levels, as well as the Westminster system. The document analyzes the legislative process, from the introduction of a bill to its passage through Parliament, and explains the doctrine of separation of powers. Furthermore, the assignment touches upon parliamentary committees, their functions, and the different houses of parliament, highlighting key differences and features of bicameralism. It also presents the six protocols Australia follows and provides an overview of the machinery of government and its legislative guidelines. The assignment concludes with an activity involving a bicameral parliament, discussing the features of the lower and upper houses.

Running head: PSPGEN043 GOVERNMENT PROCESSES
PSPGEN043 GOVERNMENT PROCESSES
Name of the Student
Name of the University
Author Note

1PSPGEN043 GOVERNMENT PROCESSES
ASSESSMENT EVENT 2: Research
UNIT NAME/NO: PSPGEN042 Exercise delegations
Test:
Type of document Name of document Summary of document Level of
government
Legislation Financial
Management and
Accountability Act
1997 (FMA Act)
The Act is enacted for the
appropriate management of
public money as well as
public property.
Federal
Regulation Financial
Management and
Accountability
Regulation 1997
(FMA Act)
The regulation is framed
for the
appropriate management of
public money as well as
public property.
Federal
guidelines Commonwealth
Procurement Rules
20 April 2019
Accomplishing value for
money is the fundamental
rule of the Commonwealth
Procurement Rules
because it is grave to
ensure that public
resources have been used
in the most efficient,

2PSPGEN043 GOVERNMENT PROCESSES
ethical and economical.
Legislation Public Works &
Procurement Act
1912 No 45
This Act consolidates the
acts relating to public work
and further make provision
relating to the acquisition
of goods and services in
New south wales
government agencies
State Government
Legislation Public Sector
Employment &
Management
Amendment
(Procurement of
Goods & Services)
Act. 2012 (NSW)
This act focuses to amend
the public sector
employment and
management Act, 2002
regarding the procurement
of goods and services for
the New South Wales
Government and further
provide guidelines about
performance management
of public sector employees
State Government
Regulation Public Works &
Procurement
Regulation 2014
(NSW)
This regulation is framed
to re-make the provisions
of Part 4A and Schedule 1
of Public Sector
Management Regulation
State Government

3PSPGEN043 GOVERNMENT PROCESSES
2009, which stated about
procurement of goods and
services and comparative
neutrality in tendering.
Activity: 1
Using the Internet - access the following link:
https://www.finance.nsw.gov.au/sites/default/files/General-Purchasing-Delegation.pdf and
answer the following:
 At what date did the delegations take effect?
1 June 2010
 Which Regulation are the delegations referring to?
PUBLIC SECTOR MANAGEMENT (GOODS AND SERVICES) REGULATION 2000
elaborates that the State Contracts Control Board is liable for the obtaining and dumping
of goods and services for the NSW public sector service.
 What are the requirements for goods and services over $3,000 and up to $30,000 in value
(including GST)?

4PSPGEN043 GOVERNMENT PROCESSES
An agency purchasing goods and services value of which crossed r $3,000 and if limited
to $30,000, is required to give at least one written quotations for the same, provided such
goods and services are not available under state contracts, subject to seeking1.
ASSESSMENT EVENT 1: Test
UNIT NAME/NO: PSPGEN043
Test 1
1. COA was founded in 26th of January 1788
2. The Australian Constitution elaborates on the formation power and role of federal
government2.
3. The Government of Australia operates under the federal system of government
envisaged under the Australian constitution 19013.
4. The Westminster system is also the basis of government in the Australian
Commonwealth Government. The main characteristic of this type of government is
there is a ministry is usually formed with the members of the parliament, who are
usually the government members enforcing executive powers and answerable to the
parliament. In this system of government there exist an independent judiciary4.
1 www.finance.nsw.gov.au. https://www.finance.nsw.gov.au/sites/default/files/General-Purchasing-
Delegation.pdf (accessed Mar 18, 2020).
2 Arcioni E, Stone A. The small brown bird: Values and aspirations in the Australian Constitution. International
Journal of Constitutional Law. 2016 Jan 1;14(1): PP: 60-79.
3 Lau J, Handsley E, Reynolds C. Obesity Prevention Laws and the Australian Constitution. Journal of law and
medicine. 2017 Nov;25(1): PP:248-66.
4 Allison JW. The Westminister Parliament's Formal Sovereignty in Britain and Europe from a Historical
Perspective. Giornale di Storia Costituzionale. 2017;pp:34:57.

5PSPGEN043 GOVERNMENT PROCESSES
5. There are three levels of government in Australia they are federal state and local
government5.
6. The Governor-General of the Commonwealth of Australia is the representative of the
Queen.
7. Parliament can make laws on Criminal, Civil, Patent and Animal rights
8. The Parliament of Australia has the authority to make laws for the entire nation. To
become a law, a bill has to go through several processes of debate and decision-
making. All bills passed and ensured by both the House of Representatives and the
Senate and further, it signed by the Governor-General. Usually, a written bill is first
moves to the House of Representatives by a minister. However, it can also be
proposed in the Senate. The Clerk after the presentation reads out the title of the bill.
Every time a bill has been read by a Clerk in the House, it further proceeds to the next
phase. The minister can place a request for reading the bill second time in the House
and then explain the purpose of such bills. The debate is then adjourned in order to
allow the members of a parliament to scrutinize the bill and make a decision about it.
In a second reading debate of the bill, the members of the parliament get a chance to
share their opinion about the bill. However, at the end of such debate, members asked
to vote on whether a bill should be read a second occasion or not. If the House is of a
similar opinion to read out the bill again, then the Clerk reads out the title of the bill
and it is further been forwarded to the next stage. During this, the House can observe
the various aspects of the bill. Members of the Parliament can also give their opinion
about the policies of such a bill. This stage is specified as Consideration in Detail. If
the House gives the vote for reading the bill for the third time in the House, then it
signifies that the bill has been passed by the House of Representatives. Then the bill is
5 Allison JW. The Westminister Parliament's Formal Sovereignty in Britain and Europe from a Historical
Perspective. Giornale di Storia Costituzionale. 2017;pp:34:57.

6PSPGEN043 GOVERNMENT PROCESSES
forwarded to the Senate, which may refer the same to a specific committee for more
inquiry. The committee informs the Senate about its discovery. However, even in the
Senate, the bill has to go through three stages readings. At the end of the second
reading, the Senate gives votes on the bill. This specifies whether the senators agree
with the core idea of the bill or not. After this, the Senate votes on the bill in its
concluding form. Then the bill is returned to the House of Representatives. If the
House accepts the amendments made by the Senate in the bill during the second
debate, then only it can become a law6.
9. In case of conflict between the federal state and local government the federal court act
as an educated to resolve the issue.
10. The parliament of Australia is made of the ground the Senate and the House of
Representatives7.
11. The referendum is a direct and collective voting procedure in which a whole
electorate is requested to vote on a specific proposal. This process may result in the
adoption of new policies.
12. The doctrine of separation of powers in Australia separates the different foundations
of the government into three branches: such as legislative, executive and judicial. The
legislature prepares the laws; the executive enforces the laws, and the judiciary
defines the laws. The doctrine of the separation of powers is generally presumed to be
one of the pillars of a fair governmental structure. However, a strict figure of
separation of powers is not always apparent in Australia. Separation of powers,
therefore, deals with the division of government liabilities into different branches to
limit the powers of a particular branch. Furthermore, it nullifies a branch from
6 Willumsen DM, Stecker C, Goetz KH. The electoral connection in staggered parliaments:
Evidence from Australia, France, Germany and Japan. European Journal of Political
Research. 2018 Aug;57(3):pp:759-80.
7 Wood A. A day in the life of indigenous Australia: From Flora and Fauna to personhood.
Pandora's Box. 2018 Nov(2018):1.

7PSPGEN043 GOVERNMENT PROCESSES
exercising the functions of another branch. The main purpose of the doctrine is to
evade the absorption of power and ensure balance in exercising powers. The
legislative branch is liable for enacting the laws of the state and generates financial
resources necessary for the running of the government. The executive branch is
accountable for executing and administering different public policies. The judicial
branch is accountable for construing the laws and application of the same in cases of
controversies8.
13. The Fundamental purpose of parliamentary committees is to execute the functions
which the Houses themselves are not capable to perform, such as, discovering the
facts of a case, scrutinizing witnesses, extracting evidence, and concluding reasons.
Due to their construction and methods of process, which is prepared but in a casual
way comparing with the other Houses, these committees are well trained to collect
pieces of evidence from expert groups or individuals. These committees not only held
inquiries but also enable the Members to be well updated about the community views.
However, a general investigation committee may endorse the public debate about the
subject at issue. The all-party configuration of the majority of committees and their
tendency to function across the party lines are vital characteristics. This bipartisan
attitude usually makes it evident during the method of investigation and the drawing
up of several conclusions. Committees further examine the Executive bodies to donate
towards an improved and updated administration and government policy-structuring
method. Parliamentary committees of the Australian House of Representatives are
appointed by the House of Representatives and perform certain specified tasks. They
are usually comprised of government and non-government Members and have
substantial powers to carry out work on behalf of the Parliament. The Senate
8 Neudorf L. Separating Powers through the Constitution: A Comparison of India and Australia. Comparative
Reflections on the Constitutional Models of India and Australia (Bloomsbury, 2019)(published as two chapters
in this edited collection). 2019.

8PSPGEN043 GOVERNMENT PROCESSES
committee also performs a wide-ranging task. These committee proceedings are
usually flexible in nature9.
14. In The Federal government structure, the upper house is known as the senate and the
lower house is known as the House of Representatives.
15. In the state government structure of Australia, the upper house is called the legislative
council and the lower house is called the legislative assembly.
16. The six protocol that Australia follows are,
 International convention on the elimination of all forms of racial
discrimination 1965,
 International covenant on civil and political rights 1966,
 International Covenant on economic social and cultural rights 1966,
 Convention on the elimination of all forms of discrimination against
women of 1979,
 Convention against torture and other cruel inhuman or degrading
treatment and punishment 1984,
 Convention on the rights of the child 198910.
17. Eight pieces of legislations are,
 The constitution of Australia 1901,
 Freedom of information act 1982,
 Administrative decisions act 1977,
 Legislative instruments regulation 2004,
 Community land management act 1989,
 Contract review act 1980,
9 Hendriks CM, Regan S, Kay A. Participatory Adaptation in Contemporary Parliamentary Committees in
Australia. Parliamentary Affairs. 2019 Apr 1;pp:72(2):267-89.
10 Walters R, Mavcic A, Harvey M. Human Rights Law: Australia and Slovenia. Liverpool Law Review. 2018
Oct 1;39(3):pp:197-219.

9PSPGEN043 GOVERNMENT PROCESSES
 Environmental planning and assessment act 1979, Part 6.
18. The machinery of government is the interrelated construction and methods of
government such as the functions and liability of the departments in the executive
branch of the government. The term MACHIENARY government and administrative
rearrangements are interchangeable and generally used to demonstrate those changes
that have been made to the basic structure of the Government and the allotment of
government functions between the department and ministers machinery11.
19. To ensure compliance with the legislative guidelines at the workplace, one needs to
ensure that he or she has the whole knowledge about the particular legislation.
Therefore, a person needs to be sure before talking about the enforcement of specific
guidelines in the workplace. Further, the person needs to ensure what a specific
section of a legal rule is applicable over a particular situation. Further, a person needs
to be updated about the latest version of that law. Furthermore, It is always best
practice to have a consultation with the legal expert who poses a vast knowledge in
such a legal area to clear any kind of doubts in the execution of laws.
Activity 1
1. In the case of a bicameral parliament, members assemble and vote under the authority
of two-part chambers which are known as the lower house and upper house. The
lower house is comparatively founded on a population where every member
represents the equal figure of citizens in every district. The upper house differs further
widely in such a way in which members are chosen and appointed by different
11 Wettenhall R. Portfolios, departments and agencies: Tinkering with the machinery-of-government map.
Australasian Parliamentary Review. 2016;pp:31(1):98.

10PSPGEN043 GOVERNMENT PROCESSES
authorities through direct and indirect elections. Therefore, the upper house can
signify ethnic, religious, or regional alliances12.
The features of both the lower and upper legislative houses vary on a various
number of factors. There are differences in the size, tenure of office, earnings,
membership, representations. However, two specific dimensions have been
highlighted. The first is whether the two houses are comprised of even or uneven
powers. In case, the power of the house is uneven, shabby bicameralism comes into
the picture, and where the strength is equal, powerful bicameralism prevails. The
second division is whether both the houses are related or unrelated in their
composition. However, they are considered to be identical in nature if both the houses
are chosen and they are presumed to be identical in their structural composition if
both the houses are chosen with harmonious electoral systems.
2. The Parliament of Australia has the authority to make laws for the entire nation. To
become a law, a bill has to go through several processes of debate and decision-
making. All bills passed and ensured by both the House of Representatives and the
Senate and further, it is signed by the Governor-General. Usually, a written bill is first
moves to the House of Representatives by a minister. However, it can also be
proposed in the Senate. The Clerk after the presentation reads out the title of the bill.
Every time a bill has been read by a Clerk in the House, it further progressed to the
next stage. The minister can place a request for reading the bill second time in the
House and then explain the purpose of such bills. The debate is then adjourned in
order to permit the members of a parliament to scrutinize the bill and make a decision
about it. In a second reading debate of the bill, the members of the parliament get a
chance to share their opinion about the bill. However, at the end of such debate,
12 Vandamme PE, Jacquet V, Niessen C, Pitseys J, Reuchamps M. Complementary Virtues and Competing
Legitimacies: Inter-Chamber Relationships in a Bicameral Elected and Sortitioned Legislature. conference on a
‘Legislature by Lot’ 2017.

11PSPGEN043 GOVERNMENT PROCESSES
members asked to vote on whether a bill should be read a second occasion or not. If
the House be in agreement to read out the bill again, then the Clerk reads out the title
of the bill and it is further been forwarded to the next stage. During this, the House
can observe the various aspects of the bill. Members of the Parliament can also give
their opinion about the policies of such a bill. This stage is specified as Consideration
in Detail. If the House gives a vote for reading the bill for the third time in the House,
then it signifies that the bill has been passed by the House of Representatives. The bill
is then forwarded to the Senate, which may refer the same to a specific committee for
more inquiry. The committee reports to the Senate about its findings. However, even
in the Senate, the bill has to go through three stages readings. At the end of the second
reading, the Senate gives votes on the bill. This specifies whether the senators agree
with the core idea of the bill or not. After this, the Senate votes on the bill in its
ultimate form. Then the bill is returned to the House of Representatives. If the House
accepts the amendments made by the Senate in the bill during the second debate, then
only it can become a law13.
3. According to the guidelines of the Commonwealth Constitution, the Federal
governments are significantly liable for offering to school to all children. They have
the foremost fiscal liability for government schools, further to contribute additional
funds to private schools and standardize the policies and curriculum for such school.
Federal and State Governments are further liable for the management and providing
major financial support to vocational education and training (VET). Both
governments are further responsible for implementing educational guidelines in order
to ensure higher studies.
The Commonwealth government has extraordinary liabilities in educational
13 www.peo.gov.au. Passing a bill - Parliamentary Education Office https://www.peo.gov.au/understand-our-
parliament/how-parliament-works/bills-and-laws/passing-a-bill/ (accessed Mar 18, 2020).