Government and the Law study guide

In Australia, citizens aged 18 years or over must enrol to vote in federal, state and territory elections and in referenda on constitutional change. Voting is compulsory: if you do not vote and do not have a good reason, you may have to pay a fine. Voting is by secret ballot, so you are free and safe to vote for any candidate.

The Australian Electoral Commission (AEC) is the Commonwealth agency responsible for conducting federal elections and referendums and maintaining the electoral roll. The AEC is independent of the government, and political parties and people in government cannot influence its decisions. Citizens can also contact their elected representative to raise concerns about government policy.

Before 1901 Australia was made up of six separate, self-governing British colonies, each with its own constitution and laws. This created difficulties — slow, expensive trade and weak defence — so the colonies united. On 1 January 1901 they federated into the Commonwealth of Australia.

The Australian Constitution is the legal document that sets out the basic rules for the government of Australia. It established the Parliament of the Commonwealth (a House of Representatives and a Senate) and the High Court of Australia, which has the ultimate power to apply and interpret Australia's laws. The Constitution can only be changed by a referendum, which requires a 'double majority': a majority of voters nationally and a majority of voters in a majority of states. The 1967 Referendum, where more than 90 per cent voted 'Yes', allowed Aboriginal peoples to be counted in the Census.

The Constitution divides the power of government to stop any one person or group holding all the power. Legislative power — the power to make and change laws — belongs to Parliament, whose members are elected by the people. Executive power — the power to put laws into practice — is held by the Prime Minister, government ministers and the Governor-General. Judicial power — the power to interpret and apply the law — belongs to judges, and the courts are independent of parliament and government.

Australia's Head of State is the King of Australia, His Majesty King Charles III. Australia is a constitutional monarchy, meaning the King is Head of State but must act in accordance with the Constitution. As the King does not live in Australia, his powers are delegated to the Governor-General, whom he appoints on the advice of the Australian Prime Minister.

The Governor-General is not part of the government and must remain neutral. The role includes giving Royal Assent (signing Bills passed by Parliament into law), performing ceremonial duties, approving the appointment of the government and its ministers, starting the process for a federal election, and acting as Commander-in-Chief of the Australian Defence Force. The leader of the Australian Government is the Prime Minister.

The Australian (federal) Government is made up of members of the Australian Parliament, which has two Houses. The House of Representatives (the Lower House or People's House) has over 150 members, each representing an electorate. The Senate (the Upper House or States' House) has 76 senators — 12 from each state and two each from the ACT and Northern Territory — so all states are equally represented regardless of size.

State and territory governments each have their own parliament; the leader of a state is the Premier and the leader of a territory is the Chief Minister. Local governments — councils for cities, shires, towns or municipalities — are led by a Mayor or Shire President and deliver local services. Broadly, the federal government handles areas like defence, immigration and taxation; states handle hospitals, schools and police; and local councils handle roads, rubbish collection and local facilities.

A proposal for a new law, or a change to an existing one, is called a 'Bill'. The House of Representatives and the Senate consider, debate and vote on the Bill; if a majority in each House agrees, it goes to the Governor-General, who signs it into law through Royal Assent. State and territory parliaments make their own laws in a similar way.

Laws are enforced by independent courts and police. A court decides whether a person has broken the law and sets the penalty, based only on the evidence before it. People are considered innocent until found guilty, and have the right to be represented by a lawyer. A jury — ordinary citizens chosen at random — decides guilt in some cases, and the judge then decides the penalty. The police maintain peace and order, are independent of the government, and it is a serious crime to bribe them.