Michael Dave

💼 Writing / education / music / radio 📍 Melbourne *️⃣ Views and opinions mine

[Michael Dave @maybemick]

Praise be.
#Final2
#BBAU

[Michael Dave @maybemick]

@MadsMelbourne Ministers do not need to be MPs for 3 months.
Technically you could be a minister of state for 3 months, just as I could be Pope.

[Michael Dave @maybemick]

Look, if you’re going to bang on about the Constitution, it probably pays to read it.

The PM isn’t mentioned. And all ministers are part of the executive council, as they’re ministers of state. They’ve 3 months to be members of parliament.

Please stop this rubbish.

[Miss Madeleine @MadsMelbourne]

Prime Minister making up his own rules and ignoring the Australian Constitution

[Michael Dave @maybemick]

@MadsMelbourne Correct. Ministries have been getting bigger of late. Full list via GG’s website (also would be available in the MOG document via PMC): https://t.co/yCtLaXJCRn

[Michael Dave @maybemick]

@MadsMelbourne Correct. None of them are ministers of state. All of them can use the term MP however.

[Michael Dave @maybemick]

@MadsMelbourne Even the Liberal, National, independent people who have won their seats can use the title MP. Again, this is normal practice.

[Michael Dave @maybemick]

@MadsMelbourne @dexaroy Per the APH website. See Constitution, section 24.

[Michael Dave @maybemick]

@dexaroy @MadsMelbourne Correct. They are talking about their office.
The PEO (the people who teach children and adults about parliament) have it all here too:

https://t.co/gvIcCdKWq5

[Michael Dave @maybemick]

@MadsMelbourne @JonnyVendetta No. It’s actually all correct. Again, the Exec Council is not the parliament. The Exec Council is chosen by the GG (on recommendation of the PM) and sworn in separately (per Chapter 2). Caretaker conventions ensure departments do not make decisions until their bosses are back.

[Michael Dave @maybemick]

@MadsMelbourne @JonnyVendetta This handbook provides some formal instruction to departments about the caretaker period - the time between proroguing (28 March) and the ministry being sworn in (13 May). This says nothing about how the ministers of state (Chapter 2 of the Constitution) are sworn in.

[Michael Dave @maybemick]

@MadsMelbourne @JonnyVendetta Again, per the Constitution, they were sworn in as ministers of state & members of the Exec Council. They’ll be sworn in as members or senators of parliament come 22 July. This has happened for all governments, whether Labor or Coalition.

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne My eyes are very open. I agree that the King shouldn’t be head of state. But right now, the Monarch is Australia’s head of state. The GG obviously does all the work, but she’s not ultimately in charge.

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne Correct. Hague Conventions apply as they’re an international treaty. The Criminal Code Act (which was updated in 2018) uses these conventions in relation to bullets used in war. Granted, this applies to war across the board, and could apply in situations now, but to this?

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne King Charles is the King of Australia. That was promulgated quite early on. The Australia Act did make things a touch different for us, but the King is still head of state.

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne That’s an interesting argument. Which laws are you specifically noting here? I’d be interested to see how they interact with other laws and international treaties.

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne Correct. Our head of state is King Charles. That’s a reason why we should be a republic. But that’s another argument for another time.

We pay for many things. That’s what happens when you have a rich country.

[Michael Dave @maybemick]

@JonnyVendetta @MadsMelbourne I agree that it’s important to unite. And the only way to do that is understanding how these institutions work & supporting the process. It’s also important to never idolise, because then you can’t be critical. These processes have worked for over 100 years & they’ll continue to.

[Michael Dave @maybemick]

@MadsMelbourne @JonnyVendetta And in specific response to your initial issue, latest return of writs is 9 July, with opening of parliament happening on 22 July. Everything is humming along as it should.

[Michael Dave @maybemick]

@MadsMelbourne @JonnyVendetta It actually is. Chapter 2. Section 64.
Enjoy.
https://t.co/QWd2ore2Eh