PART 3: Government & the Law in Australia

Table Of Content

PART 3: Government & the Law in Australia

The Citizenship Pledge includes: 

• Upholding the laws of Australia.
• Understanding how the government works.
• Knowing how to have your say.

How Do I Have My Say?

Voting

• Australians aged 18+ must enrol & vote in:
  • Federal, State / Territory elections.
  • Referendum (for constitutional changes).
• Secret Ballot - No one can know your vote
• Voting is compulsory in Australia (failure to vote without a valid reason may result in a fine).
• AEC (Australian Electoral Commission):
  • Runs Federal elections.
  • Maintains electoral roll.
  • Independent of government and political parties.

Raising Matters with Representatives

• You can contact your elected MP to:
  • Suggest law/policy changes.
  • Share concerns about government actions.
• All MPs should consider suggestions from the voters.

How Was Our System of Government Formed?

Federation (1901)

• Before 1901, Australia consisted of 6 separate British colonies.
  • They had their own laws (defense, trade, etc.)
  • Problems were slow trade, weak defense, and border law issues.
• As a result, people wanted to unite the colonies to form a single nation.
  • Australia’s national identity was beginning to form. 
• On January 1, 1901, the colonies united to form the Commonwealth of Australia.

The Australian Constitution - The legal foundation of the Australian government

• Passed in 1900 (British Act) => Came into effect on January 1, 1901.
• It created: 
  1. Parliament (House of Representatives and Senate) 
  2. High Court (interprets laws)

Changing the Constitution - Needs a Referendum

• Criteria => Must meet the double majority of votes.
  1. Majority of people nationwide.
  2. Majority of people in at least 4 of 6 states.
• E.g. 1967 Referendum - 90% said “Yes” to count Aboriginal peoples in the Census.

How is the Power of Government Controlled?

• Australian Constitution divides the power of government into:
  • Legislative (Make / Change laws) - Parliament (elected representatives)
  • Executive (Enforce / Implement laws) - PM, Ministers, and Governor-General
  • Judicial (Interpret / Apply laws) - Courts & Judges (Independent of Government)
• All powers are written into the Australian Constitution.
• No one person or group has all the power.

Who Is Australia’s Head of State?

• Head of State - King Charles III
• Governor-General - Representative of the King of Australia (appointed on PM’s advice)
  • Acts independently of political parties.
  • Each state has its own Governor (King’s representative).
• The King of Australia does not have a day-to-day role in government.

Constitutional Monarchy

• Australia is a Constitutional Monarchy, meaning:
  • The King of Australia has to act per the constitution.
  • The power of the King is delegated to the Governor-General in Australia.

Parliamentary Democracy - Reflects the British & North American traditions

• The leader of the Australian Government is the Prime Minister.

Role of Governor-General

• Not part of the government and must remain neutral.
  • Gives Royal Assent to law.
  • Act as Commander-in-Chief of Defence Force
  • Approves the appointment of the Australian Government (Ministers, Judges, and Officials).
  • Starts Federal Elections.
  • Performs Ceremonial Duties.
• The Governor-General also has ‘Reserve Powers’.

Who Are Australia’s Leaders?

• Head of State - King of Australia
• Governor-General - Representative of the King of Australia
• Governor - King’s Representative in each state
• Prime Minister - Leader of the Australian Government
• Premier - Leader of a State Government
• Chief Minister - Leader of a Territory Government
• Government Minister - MP in charge of an area of Government
• Member of Parliament - Elected representative of the people in the Australian Parliament
• Senator - Elected representative of a state or territory in the Australian Parliament
• Mayor / Shire President - Leader of a Local Government
• Councillor - Elected member of a Local council
   

How is Australia Governed?

• Also called the Commonwealth Government.
• Australian Parliament has two houses:
  • House of Representatives
  • Senate
• In federal elections, Australians vote to elect Parliament representatives.

House of Representatives (Lower House or People's House).

• Australia is divided into Federal Electorates.
  • Members of Parliament represent people in their Electorate.
• Each state or territory gets MPs based on its population.
  • Over 150 members are elected to the House of Representatives.
• Role of House of Representatives - Propose / Debate / Vote on laws + Discuss National Issues.

Senate (Upper House / House of Review / State’s House)

• Each state has equal representation (a total of 76 senators).
  •  12 senators for each state.
  •  2 senators for each territory. 
• Role of Senators - Review / Debate / Vote on laws + Discuss National Issues

State & Territory Governments

• There are 6 states and 2 mainland territories.
  • Each has its own parliament and constitution.
• State & Territory Governments are based in their Capital Cities.
  • Leader of a State Government - Premier
  • Leader of a Territory Government - Chief Minister
• State governments work similarly to the Australian Government.
  • Governor - Represent the King of Australia in each state.
  • Administrator (appointed by the Governor-General) – King’s representative in each territory.
• States have rights recognized by the Constitution while territories do not.
  • State laws are constitutionally protected.
  • Territory laws can be altered or revoked by the Australian Government.

Local Government

• Local Government areas - Cities, Shires, Towns, or Municipalities
• Run by Local Councillors (elected by the citizens of the local government area).
• Mayor / Shire President - Leader of a local government
• Responsibilities - Local Planning / Service (e.g. rubbish, libraries, community facilities)

What Do the 3 Levels of Government Do?

Australian (Federal) Government

• Taxation / Economic management / Immigration & citizenship / Employment assistance / Postal & communications / Social security (e.g. pensions, family support) / Defence / Trade & commerce / Airports & air safety / Foreign affairs

State & Territory Governments

• Hospitals & health / Schools / Roads & railways / Forestry / Police & Ambulance 
• Public transport

Local Governments (also Australian Capital Territory Government)

• Street signs, traffic control / Local roads, footpaths, bridges / Drains / Parks, playgrounds, pools, sports grounds / Camping & caravan parks / Food & meat inspection / Noise & animal control / Rubbish collection / Libraries, halls, community centers / Child-care & Aged-care (some aspects) / Building permits / Social planning / Local environmental issues

Political System, Law-making & Law Enforcement

Political Parties in Australia

• Political Party - Group of people who share similar ideas on how a country should be governed.
  • They work together to turn ideas into laws.
  • Main Political Parties - Liberal Party / Labor Party / Nationals / Greens
• Independents - MPs who do not belong to any political party
• In Australia, people are free to join a political party if they choose.

How is the Australian Government formed?

• After the election, the party or coalition of parties with the most members in the House of Representatives forms government.
  • The leader of the party becomes the Prime Minister (Leader of the Government).
• Opposition - the party or coalition of parties with the second-largest number of members in the House of Representatives.
  • Its leader is called the Leader of Opposition.
• PM recommends MPs or Senators to become Ministers in the Australian Government.
  • The governor-general approves the appointment of the PM and Ministers.
• Ministers – responsible for a specific area of government (portfolio).
• Cabinet - Ministers with the most important portfolios (Main decision-makers)

How Laws Are Made

• Steps:
  1. MP or Senator proposes a Bill.
  2. The House of Representatives and the Senate consider, debate, and vote on the Bill.
  3. If the majority of members agree to the Bill, it goes to the Governor-General.
  4. The Governor-General signs a Bill so that it becomes law (Royal Assent).
• State and territory parliaments make their own laws similarly.

How Laws Are Enforced

The Courts

• Independent from government and parliament.
• Decide if someone broke the law and decide the penalty.
• Base their judgment only on the evidence before them.

Judges & Magistrates

• Highest authority in a court.
• Appointed by the government (but can't be removed for their decisions).
• Must remain Independent.

Juries - Group of Ordinary Australian Citizens randomly chosen from the general population 

• Role of a Jury - Decides if the person has broken the law
• The judge explains the law to the Jury.
• In Criminal Cases, if the jury finds the person guilty, the judge decides the penalty. 

The Police - Independent of the Government

• Maintain peace, safety, and law.
• Can arrest people if they break laws.
• May give evidence in court, but the court decides the outcome.
• The states and the Northern Territory have their own police force.
• The AFP (Australian Federal Police)
  • Deals with federal crimes (e.g. Drug Trafficking, Crimes against National Security).
  • General police work in the Australian Capital Territory.
• In Australia, it is a serious crime to bribe the police.

Criminal Offences in Australia

• In Australia, you can be fined even if you don’t know the law.
• Serious Crimes - Murder, Assault, Sexual Assault / Violence, armed robbery, theft / Relations with minors / Dangerous driving / Drug Possession / Fraud

Domestic & Family Violence – A serious crime and completely illegal.

• Includes - Hitting / Threats / Isolation / Control over a partner, children, pets
• Both Men and Women can be jailed if guilty of violence.
• No one in Australia should tolerate abuse or mistreatment.
• If you are in danger, contact the police.

Traffic Offences

• Road & Traffic rules are controlled by State and Territory governments.
• One can be fined or sent to jail for breaking traffic laws.
• To drive in Australia:
  • Must have a local driver’s license and a registered car.
  • All passengers must wear a seatbelt.
  • Kids must be in an approved car seat.
  • Must not be under the influence of drugs or alcohol.
  • Must not use any hand-held mobile device while driving.