Government and the Law in Australia

The Australian Constitution

The Australian Constitution is the most important law in Australia. It came into effect on 1 January 1901 and sets out:

• How the federal government works.
• The powers shared between the Commonwealth and the states.
• How the parliament is elected.
• The separation of powers between the parliament, the executive and the judiciary.

The Constitution can only be changed by a referendum, in which a proposed change must be approved by a majority of voters nationally AND a majority of voters in a majority of states (a "double majority").

Three levels of government

Australia has three levels of government. Each is responsible for different matters and is elected by the people.

• Federal (Commonwealth) — defence, foreign affairs, trade, immigration, the postal service, currency, taxation and national social security.
• State and territory — schools, hospitals, public transport, roads, police and emergency services.
• Local councils (municipalities or shires) — rubbish collection, local roads, parks, libraries, building approvals and community services.

The Australian Parliament

Australia's federal parliament has three parts: the King (represented by the Governor-General), the Senate, and the House of Representatives.

• The House of Representatives has 151 members (Members of Parliament, or MPs). Each MP represents an electorate of roughly equal population.
• The Senate has 76 senators — 12 from each state and 2 from each mainland territory. The Senate is sometimes called the "states' house" because each state has equal representation.
• A federal election must be held at least every 3 years.
• Laws are made by parliament. A proposal for a law is called a "Bill". For a Bill to become law, it must be passed by both houses and given Royal Assent by the Governor-General.

The Head of State and Head of Government

• Australia's Head of State is the reigning monarch — currently King Charles III.
• The King is represented in Australia by the Governor-General at the federal level, and by State Governors in each state.
• The current Governor-General is Sam Mostyn.
• The Head of Government is the Prime Minister — the leader of the political party (or coalition) with majority support in the House of Representatives.
• The current Prime Minister is Anthony Albanese, leader of the Australian Labor Party.
• The Prime Minister chooses ministers from members of parliament to form the Cabinet, which makes the most important government decisions.

Separation of powers

Power in Australia is divided between three separate branches. This separation is a vital safeguard against the abuse of power.

• Legislative — the parliament makes the laws.
• Executive — the government (ministers and public servants) puts the laws into action.
• Judicial — the courts and judges apply and interpret the laws independently.

The courts and the law

Australia's legal system protects the rights of all Australians. The High Court of Australia is the highest court in the land and interprets the Constitution. Courts are independent of the parliament and the government.

Everyone is equal under the law. An accused person is presumed innocent until proven guilty, has the right to a fair trial, and (for serious crimes) has the right to a trial by jury.

The electoral system

• Federal elections are run by the Australian Electoral Commission (AEC), independently of the government.
• Voting is by secret ballot.
• Voting is compulsory for citizens aged 18 and over.
• You must enrol to vote within 8 weeks of becoming eligible.
• Failing to vote without a valid reason may result in a fine.