Government & The Law

The Australian Constitution is the supreme law of Australia. It was passed by the British Parliament in 1900 and came into effect on 1 January 1901 when the Commonwealth of Australia was formed.

The Constitution:

- Establishes the three branches of government: Parliament (legislature), Executive (government) and Judiciary (courts)

- Defines the powers of the federal government and the states

- Sets out how laws are made and how Parliament operates

- Can only be changed by a referendum — a national vote in which a majority of all voters AND a majority in a majority of states (at least 4 of 6) must vote Yes. This is called a double majority.

Head of State: Australia is a constitutional monarchy. The Head of State is King Charles III, who is represented in Australia by the Governor-General.

Separation of powers: Power is divided among Parliament, the Executive and the Judiciary to prevent any one branch from becoming too powerful.

The Australian Parliament consists of two chambers:

1. The Senate (Upper House)

- 76 senators — 12 senators from each of the six states + 2 senators each from the ACT and NT

- Senators serve 6-year terms (state senators); territory senators serve 3-year terms

- Reviews legislation passed by the House of Representatives

- Can block or amend bills

2. House of Representatives (Lower House)

- Currently 151 members of parliament (MPs)

- MPs represent individual electorates

- Serve 3-year terms

- The party (or coalition) with a majority forms the government

How a bill becomes law:

1. Bill introduced in one chamber

2. Passed by that chamber

3. Sent to the other chamber

4. If passed by both: sent to Governor-General for Royal Assent

5. Becomes law (an Act of Parliament)

The Prime Minister is the leader of the party (or coalition) that commands a majority in the House of Representatives. The current Prime Minister is Anthony Albanese (Labor Party, elected 2022).

Australia has three levels of government, each with distinct responsibilities:

1. Federal (Commonwealth) Government

- Based in Canberra

- Responsible for: defence, immigration, social security, Medicare, income tax, foreign affairs, trade, communications

- Led by the Prime Minister and Cabinet

2. State and Territory Governments

- Each state and territory has its own parliament

- Responsible for: hospitals, schools (primary and secondary), police, roads, public transport, courts, local planning

- Led by the Premier (states) or Chief Minister (territories)

3. Local Government (Councils)

- Responsible for: local roads, parks, libraries, waste collection, local planning and building permits

- Led by a Mayor or Shire President (elected by residents)

- Funded primarily through rates (a property tax)

Key leaders at each level:

- Federal MP → represents an electorate in the House of Representatives

- Senator → represents a state or territory in the Senate

- Member of State Parliament (MLA/MLC) → represents a state electorate

- Councillor → represents a local ward

Governor-General: The King's representative in Australia. The Governor-General:

- Gives Royal Assent to bills — signing them into law

- Appoints the Prime Minister (by convention, the leader of the party with majority support)

- Performs ceremonial duties on behalf of the Crown

- Has reserve powers (used very rarely) — most famously exercised in the 1975 constitutional crisis when Governor-General John Kerr dismissed Prime Minister Gough Whitlam

Independent courts: The judicial branch is completely independent of the Parliament and Executive. Judges and magistrates are not elected.

Court hierarchy (federal):

1. High Court of Australia — highest court; hears constitutional cases and final appeals

2. Federal Court of Australia — hears civil cases, appeals

3. Federal Circuit and Family Court — family law, federal civil matters

4. Magistrates Courts (state) — most criminal and civil matters

Australian Federal Police (AFP): The AFP enforces federal law and handles matters such as terrorism, organised crime, cybercrime and protecting federal officials. It is separate from state and territory police forces, which handle most everyday law enforcement.

Electoral Commission: The Australian Electoral Commission (AEC) is an independent statutory authority that:

- Conducts federal elections and by-elections

- Maintains the electoral roll

- Educates voters

- Is completely independent of the government of the day

Federal elections: Held every 3 years (maximum). The Prime Minister advises the Governor-General to call an election. All citizens aged 18+ must vote.

Voting system:

- House of Representatives: Uses preferential (ranked) voting — voters number candidates in order of preference

- Senate: Uses proportional representation — voters choose parties, with seats distributed proportionally

Secret ballot: All Australian elections use a secret ballot — no one can know how you voted.

Referendums: To change the Constitution, a referendum must be held. A double majority is required:

- A national majority of all voters, AND

- A majority of voters in at least 4 of the 6 states

Only 8 of 44 referendum proposals have ever succeeded. Famous referendum: the 1967 referendum on including Aboriginal peoples in the census and allowing federal laws for them — passed with over 90% Yes vote.