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Chapter 3: Government and the law

The Australian Constitution

The Australian Constitution is the legal document that sets out the basic rules for the government of Australia. It came into effect on 1 January 1901, when the six colonies joined together to form the Commonwealth of Australia. This event is called Federation. The Constitution describes how the Federal Parliament works and what powers it has. It also sets up the High Court. The Constitution can only be changed by the Australian people at a referendum. In a referendum, people vote on a proposed change. To pass, the change needs a double majority: a majority of voters across the whole nation, and a majority of voters in a majority of states, which means at least four of the six states. This makes sure that both the people and the states agree.

Three levels of government

Australia has three levels of government. The federal government looks after matters for the whole country. These include defence, foreign affairs, trade, immigration and citizenship, taxation and social security. Each of the six states and two mainland territories has its own government. State and territory governments are responsible for things such as schools, hospitals, roads, public transport and police. Local governments, often called councils, look after their local area. They provide services such as local roads and footpaths, parks, libraries, rubbish collection and building permits. Each level of government has its own responsibilities, and sometimes they work together. Knowing which level does what helps you know who to contact when you need a service.

Parliament, laws and elections

The Federal Parliament has three parts: the King, who is represented by the Governor-General, the Senate and the House of Representatives. The Senate has 76 senators, with 12 from each state and 2 from each mainland territory. Each member of the House of Representatives represents one area, called an electorate. A proposed law is called a bill. A bill must be passed by both houses. Then the Governor-General gives assent, and the bill becomes law. Enrolment and voting are compulsory for Australian citizens aged 18 or over. Voting is by secret ballot, so you vote in private. The Australian Electoral Commission is an independent body that runs federal elections and keeps the electoral roll.

Who governs: the separation of powers

After an election, the party or coalition with a majority of members in the House of Representatives forms the government. Its leader becomes the Prime Minister. The largest party or coalition not in government is the opposition, led by the Leader of the Opposition. The Constitution divides power into three parts. This is called the separation of powers. The legislative power is the power to make laws, and it belongs to Parliament. The executive power is the power to put laws into action. The Prime Minister and senior ministers form the Cabinet, which makes important government decisions. The judicial power belongs to the courts, which decide what the law means in each case. The Governor-General represents the King, gives assent to laws and acts on the advice of government ministers.

States, territories and local councils

Each state has its own parliament and its own constitution. The leader of a state government is called the Premier. The leader of a territory government is called the Chief Minister. In each state, the King is represented by a Governor. State and territory parliaments make laws for their own state or territory. Local councils are run by elected councillors, and the council is often led by a mayor. Councils make local rules, called by-laws, about matters such as parking, pets and local planning. Getting to know your local council is a good way to find out about services in your community.

Courts, police and the law

Australia has many courts, and the High Court of Australia is the highest court. It interprets the Constitution and decides important cases. Judges are independent. The government cannot tell them how to decide a case. The police keep the peace, protect people and property, and investigate crimes. Each state and the Northern Territory has its own police force. The Australian Federal Police investigates crimes against federal law and also provides police services in the Australian Capital Territory. The law applies to everyone in Australia in the same way, including members of Parliament and the police. A person accused of a crime is treated as innocent until proven guilty, and has the right to a fair trial. Everyone must obey Australian laws, and not knowing a law is not an excuse for breaking it.

Practice questions on this chapter

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