Government and the law in Australia
Make sense of elections, the Constitution and the three levels of government.
Having your say
Australian citizens aged 18 and over must enrol and vote in federal and state or territory elections and referendums. The Australian Electoral Commission (AEC) is independent and conducts federal elections and referendums and maintains the Commonwealth electoral roll.
Voting uses a secret ballot: nobody has to know whom you vote for. You can also contact elected representatives to raise concerns or suggest changes to laws and policies.
The Constitution and referendums
The Australian Constitution came into effect on 1 January 1901, when the colonies united as the Commonwealth of Australia. It sets out the basic rules of government and established the Commonwealth Parliament and High Court.
The Constitution can be changed by a referendum. A proposal must achieve a double majority: a majority of voters nationally and a majority of voters in a majority of the states (at least four of the six states). Territory votes count toward the national majority.
Three powers of government
The Constitution divides government power to prevent a single person or group from controlling everything.
- Legislative power: Parliament makes and changes laws.
- Executive power: the Prime Minister, ministers and Governor-General put laws into practice.
- Judicial power: independent judges and courts interpret and apply the law.
A constitutional monarchy
Australia is a constitutional monarchy. The King of Australia is the Head of State and must act in accordance with the Constitution. The Governor-General represents the King in Australia. Each state has a Governor.
The Governor-General is politically neutral. Duties include signing Bills into law (Royal Assent), approving government appointments, ceremonial duties, beginning the federal election process and serving as Commander-in-Chief of the Australian Defence Force. The Prime Minister leads the Australian Government.
Parliament and forming government
The Australian Parliament has two Houses: the House of Representatives (Lower House or People's House) and the Senate (Upper House, House of Review or States' House). Members of the House of Representatives represent electorates, with representation based on population.
The Senate has 76 senators: 12 from each state and two each from the Australian Capital Territory and Northern Territory. Both Houses debate and vote on proposed laws.
The party or coalition with a majority in the House of Representatives generally forms the government. Its leader becomes Prime Minister. The largest non-government party or coalition forms the Opposition. A political party is a group with similar ideas about how the country should be governed; independents belong to no political party. Senior ministers form the Cabinet.
Three levels of government
Responsibilities can overlap, but each level has a different main role.
- Federal: immigration and citizenship, defence, foreign affairs, taxation, national economic management, social security, trade, postal services and aviation safety.
- State and territory: schools, hospitals, police, ambulances, roads, railways and public transport. A Premier leads a state government; a Chief Minister leads a territory government.
- Local: rubbish collection, local roads, parks, libraries, building permits and local community services. Local representatives are councillors; the leader may be a Mayor or Shire President.
Making and enforcing laws
A proposal for a new law or a change to an existing law is called a Bill. It is debated and voted on in both Houses of Parliament. If both Houses pass it, the Governor-General signs it into law through Royal Assent.
Police protect life and property, maintain peace and investigate offences. Courts decide whether someone is guilty. People are presumed innocent until found guilty in court and have a right to legal representation. In some trials a jury decides guilt; the judge determines the penalty.
Courts and judges are independent of government. It is a serious offence to offer a bribe to a police officer. Not knowing a law does not excuse breaking it.
Safety and the law
Violence, sexual assault, theft, fraud and illegal drug offences are crimes. Domestic and family violence includes abusive behaviour or threats used to control someone through fear; it is against the law. Contact police if someone is in danger.
Drivers must comply with licensing and registration requirements and road rules. Seatbelts and approved child restraints must be used. Driving while affected by drugs or over the legal alcohol limit and using a hand-held mobile device while driving are illegal.