Government of Australia
The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states. The terms of this contract are embodied in the Australian Constitution, which was drawn up at a Constitutional Convention and ratified by the people of the colonies at referendums. The Australian head of state is the Queen of Australia who is represented by the Governor-General of Australia, with executive powers delegated by constitutional convention to the Australian head of government, the Prime Minister of Australia.
Separation of powers in Australia
The specific requirement for ministers to sit in Parliament established the connection between executive and legislative, effectively preventing an American-style separation of the two. Strictly speaking, any person may be appointed a Minister, but their appointment lapses if they do not gain a seat in either house of the Parliament within three months. This provision was necessary in 1901, as the first government was sworn in on 1 January but the first parliament was not elected until late March (see Australian federal election, 1901). No non-parliamentarian was appointed a Minister since then, until the appointment of Bob Carr as Foreign Minister in 2012. However, the provision is still relevant. It applies when a minister in the House of Representatives loses their seat at a general election; despite no longer being a member of parliament, the Minister will typically retain their portfolio for some days after the election, until the new government is sworn in. It also applied when John Gorton became Prime Minister in 1968; he was sworn in while a member of the Senate, then he resigned to contest a by-election for a lower house seat, which he won, but between his resignation from the Senate and being elected to the House of Representatives, he remained Prime Minister without holding any seat in Parliament.