Government and the law in Australia

Citizens aged 18 or over must enrol and vote in federal, state and territory elections and in referendums. If you are not correctly enrolled you cannot vote, and if you do not vote without a good reason you may be fined.

Voting is by secret ballot, so you are free and safe to vote for any candidate and no one may know how you voted unless you tell them. The Australian Electoral Commission (AEC) runs federal elections and referendums and keeps the electoral roll; it is independent of the government.

You can also contact your elected representative to raise concerns, and they should consider what you suggest.

Before 1901 Australia was six separate, self-governing British colonies with their own laws. Trade and transport between them were slow and expensive, law enforcement across borders was hard and defence was weak. A growing national identity also pushed for one nation.

The Australian Constitution is the legal document that sets out 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. It established the Parliament (the House of Representatives and the Senate) and the High Court, which has ultimate power to apply and interpret the law.

A referendum is a vote by the people to change the Australian Constitution. A change needs a double majority: a majority of voters in a majority of states, and a majority of voters across the nation.

In the 1967 Referendum more than 90 per cent of Australians voted ‘Yes’ to count Aboriginal peoples in the Census.

The Constitution divides power three ways so no one person or group holds it all.

Australia is a constitutional monarchy. The Head of State is the King of Australia, His Majesty King Charles III, who must act in line with the Constitution and has no day-to-day role in government. On the Prime Minister’s advice, the King appoints the Governor-General as his representative. Each state has a Governor with a similar role.

The Governor-General is not part of the government and must stay neutral. The role includes:

The Australian Government is also called the Federal or Commonwealth Government. Parliament has two Houses, and citizens elect representatives to both at a federal election.

Each state has its own parliament and constitution, led by a Premier; territories are led by a Chief Minister. In the Northern Territory an Administrator, appointed by the Governor-General, has a role similar to a Governor. States have rights recognised by the Constitution; self-governing territory laws can be changed by the Australian Government. Local councils (cities, shires, towns or municipalities) deliver local services.

After a federal election, the party or coalition with a majority in the House of Representatives forms government and its leader becomes Prime Minister. The next largest group forms the Opposition, led by the Leader of the Opposition.

The Prime Minister recommends ministers, whom the Governor-General approves. Ministers look after portfolios, and the most senior form the Cabinet, the key decision-making body. The main parties are the Liberal Party, the Australian Labor Party, the Nationals and the Australian Greens; members of no party are called independents.

A proposed new law or change to a law is called a Bill.

Courts are independent and decide, on the evidence, whether someone broke the law and what the penalty is. Judges and magistrates are appointed by the government but it cannot remove them for disagreeing with their decisions. People are innocent until found guilty and have the right to a lawyer. In some cases a jury of randomly chosen citizens decides guilt, and the judge sets the penalty.

Police keep the peace, protect life and property and are independent of the government. States and the Northern Territory have their own police; the Australian Federal Police investigate federal crimes such as drug trafficking and handle policing in the ACT. Offering a bribe to a police officer is a crime.

Not knowing a law is no excuse. Domestic and family violence is against the law. Traffic laws are set by states and territories. For example, everyone must wear a seatbelt and you must not use a hand-held phone while driving.