<P> The first three chapters of the Australian Constitution are headed respectively "The Parliament", "The Executive Government", and "The Judicature". Each of these chapters begins with a section by which the relevant "power of the Commonwealth" is "vested" in the appropriate persons or bodies . The historical context in which the Constitution was drafted suggests that these arrangements were intended to be connected with federal ideas along American lines . </P> <P> On the other hand, the Constitution incorporates responsible government, in which the legislature and the executive are effectively united . This incorporation is reflected in sections 44, 62 and 64 of the Constitution . </P> <P> Currently, there is no constitutional system where there is a complete separation of powers . The strict doctrine exists only in a theory--in reality, some overlap is inevitable, though a system of checks and balances has developed . In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere with the concept of Responsible Government . This is also present in the Australian system, being a requirement of section 64 of the Constitution . </P> <P> 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 . </P>

Is the separation of powers in the australian constitution