Part 3: Government and the law in Australia, in plain English

Voting and having your say

Our Common Bond, page 24

• Citizens aged 18 or over must enrol to vote in federal, state and territory elections and in referendums.
• Voting is compulsory in federal, state and territory elections and in referendums. If you do not vote and have no good reason, you may have to pay a fine.
• Compulsory voting makes sure the people have a say in who governs them.
• Voting is by secret ballot: nobody may know whom you voted for, unless you choose to tell them.
• The Australian Electoral Commission (AEC) runs federal elections and referendums and keeps the Commonwealth electoral roll. It is independent: political parties and people in government cannot influence its decisions.
• Citizens can contact their elected representative about government policy, and the representative should consider what they say.

Federation and the Constitution

Our Common Bond, page 25

• Before 1901, Australia was six separate, self-governing British colonies, each with its own constitution and laws.
• This caused problems: trade and transport between colonies were slow and expensive, enforcing the law across borders was hard, and defence was weak.
• A national identity was also forming, through sport, songs, poems, stories and art.
• On 1 January 1901, the colonies united in a federation called the Commonwealth of Australia.
• The Australian Constitution is the legal document with the basic rules for the government of Australia. It was passed as part of a British Act of Parliament in 1900 and came into effect on 1 January 1901.
• The Constitution set up the Parliament, with a House of Representatives and a Senate, and the High Court. The High Court has the final power to apply and interpret Australia's laws.
• The people can change the Constitution in a referendum. A change needs a double majority: a majority of voters in a majority of states, and a majority of voters across the nation.

The three powers of government

Our Common Bond, page 26

The Constitution splits the power of government three ways, so that no one person or group holds all the power.

• Legislative power: the power to make and change laws. Parliament holds it.
• Executive power: the power to put laws into practice. It includes the Prime Minister, government ministers and the Governor-General. Ministers are responsible for government departments.
• Judicial power: judges interpret and apply the law. Courts and judges are independent of parliament and government.

The Head of State and the Governor-General

Our Common Bond, pages 26 and 27

• Australia is a constitutional monarchy. The Head of State is the King of Australia, who must act under the Constitution. The King's powers are delegated to the Governor-General, and the King has no day-to-day role in government.
• Australia's system mixes British and North American traditions in its own way.
• The Governor-General is not part of the government, acts independently of all political parties and must stay neutral.
• The Governor-General's role includes signing Bills passed by Parliament into law (Royal Assent), ceremonial duties, approving the appointment of the government and its ministers and of federal judges, starting the process for a federal election, and being Commander-in-Chief of the Australian Defence Force. There are also special reserve powers.

Australia's leaders

Our Common Bond, page 27

The two Houses of Parliament

Our Common Bond, pages 27 and 28

• The Australian Government is also called the Federal Government or the Commonwealth Government.
• The House of Representatives is also called the Lower House or the People's House. Australia is divided into federal electorates, and each MP represents the people of one electorate. The number of MPs for each state and territory depends on its population.
• The Senate is also called the Upper House, the House of Review or the States' House. All states have the same number of senators, whatever their size or population.
• Both Houses consider, debate and vote on proposed new laws.

The three levels of government

Our Common Bond, pages 28 and 29

• Each state government has its own parliament and constitution, based in its capital city.
• In the Northern Territory, an Administrator appointed by the Governor-General has a role like a state Governor.
• States have rights recognised by the Constitution; territories do not. The Australian Government can change or revoke the laws of a self-governing territory.
• Local government areas may be called cities, shires, towns or municipalities. Each has a local council, and citizens vote to elect their councillors.

Some responsibilities overlap.

Parties, forming government and making laws

Our Common Bond, page 30

• A political party is a group of people who share ideas about how the country should be governed and work to turn those ideas into laws. People are free to join a party if they choose.
• Members of parliament who do not belong to any party are called independents.
• After a federal election, the party or coalition with the majority of members in the House of Representatives usually forms the government. Its leader becomes Prime Minister.
• The party or coalition with the second largest number of members in the House of Representatives forms the Opposition, led by the Leader of the Opposition.
• The Prime Minister recommends who becomes a minister, and the Governor-General approves the Prime Minister and the ministers.
• Each minister is responsible for an area called a portfolio. Ministers with the most important portfolios make up the Cabinet, the key decision-making group of the government.
• A proposed law is called a Bill. Both Houses debate and vote on it. If a majority in each House agrees, the Governor-General signs it and it becomes law.

Courts, juries and police

Our Common Bond, page 31

• Courts are independent. A court decides, on the evidence alone, if a person broke the law, and decides the penalty.
• Judges and magistrates are the highest authority in a court. Nobody can tell them what to decide, and the government cannot remove them because it disagrees with their decisions.
• People are innocent until a court finds them guilty, and everyone has the right to a lawyer in court.
• A jury is a group of ordinary citizens chosen at random. The judge explains the law to them. In a criminal trial, if the jury finds a person guilty, the judge decides the penalty.
• The police keep peace and order and protect life and property. They are independent of the government. They can arrest a person, but the court decides if the person is guilty.
• The states and the Northern Territory have their own police forces. The Australian Federal Police (AFP) looks into crimes against federal laws, such as drug trafficking, and does general police work in the ACT.
• It is a serious crime to bribe the police, or even to offer a bribe.

Crimes and family violence

Our Common Bond, page 32

• Not knowing the law is no excuse: you can be charged for breaking a law you did not know about.
• Serious crimes include murder, assault, sexual assault, armed robbery or theft, sexual relations with children below the age of consent, dangerous driving, having illegal drugs, and fraud.
• Violence in the home and in marriage is a serious crime. Domestic and family violence includes trying to control a partner through fear, hitting, cutting a family member off from friends and family, or threatening children or pets.
• Men and women who commit these crimes can go to jail.
• If you or someone you know is in danger, contact the police.

Road and traffic laws

Our Common Bond, page 32

• State and territory governments control road and traffic rules. Breaking traffic laws can lead to a fine or prison.
• To drive, you need a local driver's licence, and the car must be registered.
• Everyone in a car must wear a seatbelt. Babies and young children must be in an approved car seat.
• It is against the law to drive after taking drugs or above the blood alcohol limit, or to use a hand-held mobile phone while driving.