Damon Mcknight
Australia's system of government is a federation of six states and two self-governing territories, with the national government, also referred to as the federal or Commonwealth government, having specific powers granted by the constitution, while others are shared with the states and territories, and some remain exclusively with the states. The Head of State is the King of Australia, King Charles III. Each state has a governor, appointed by the King on the advice of the Premier (head of the state government). Australia's system of government also includes freedom of expression and peaceful political protest, with diplomatic missions allowed to observe elections, but not interfere in the electoral process.
| Characteristics | Values |
|---|---|
| Type of Government | Federation of six states and two self-governing territories |
| Head of State | King of Australia, His Majesty King Charles III |
| National Government | Australian Government, also referred to as the Federal Government or Commonwealth Government |
| Powers | Certain powers are given to the Federal Government, some are shared with the states and territories, and others remain exclusively with the states and territories |
| State Autonomy | States have a significant degree of autonomy; the Australian Government cannot legally influence many of their decisions |
| State Head | Each state has a governor, appointed by the King on the advice of the Premier (head of government) of that state |
| Elections | Diplomatic missions are encouraged to observe Australian elections transparently and openly, but must not interfere in electoral processes |
| Gift Exchange | It is not customary to exchange gifts in government business; public servants are instructed to avoid accepting gifts |
| First Nations Voice | Support for a constitutionally enshrined First Nations Voice is increasing, as seen in a 2022 national survey |
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What You'll Learn
Australia's system of government
Australia is a federation of six states and two self-governing territories, with the national government being referred to as the Australian Government, or the federal/Commonwealth government. The Head of State is the King of Australia, His Majesty King Charles III, who appoints a Governor-General with the power of executive authority as his representative. The Governor-General is appointed on the advice of the Prime Minister of Australia, who is the Head of Government. Each state has a governor, appointed by the King on the advice of the Premier (head of state government) of that state.
The Australian Constitution grants certain powers to the federal government, with some powers being shared with the states and territories, and others remaining exclusively with the states and territories. This means that the states and territories have a significant degree of autonomy, and the Australian Government does not have the legal power to influence many of their decisions.
The Australian Institute's national survey of 1,000 Australians between June and July 2022 found increasing support for a constitutionally enshrined Voice to Parliament for Aboriginal and Torres Strait Islander people. This would bring Aboriginal and Torres Strait Islander perspectives to bear on the workings of Parliament and the laws that governments seek to impose on First Nations peoples.
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The role of the Australian states
Australia has a federal system of government, which means power is shared between the federal government and the state governments. The Australian government was formed in 1901 when the six British colonies of New South Wales, Western Australia, Queensland, Victoria, South Australia, and Tasmania united to form the Commonwealth of Australia.
The Australian Constitution, which sets out the legal framework by which Australia is governed, allows the states to keep their own parliaments and most of their existing powers. However, the federal parliament is responsible for areas that affect the entire nation, and it can override territorial legislation at any time. The federal parliament has also given local councils the task of looking after the particular needs of their local communities.
Each state has its own constitution, legislature, executive government, judiciary, and law enforcement agencies that administer and deliver public policies and programs. The states' legislative powers are protected by the Australian Constitution, and they may legislate on matters concerning their citizens, subject to the limits of the federal constitution.
The states originated as separate British colonies prior to Federation in 1901. The Colony of New South Wales was founded in 1788 and originally comprised much of the Australian mainland, as well as Lord Howe Island, New Zealand, Norfolk Island, and Van Diemen's Land. During the 19th century, large areas were separated to form the other colonies that became the founding states of the Commonwealth of Australia.
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First Nations' perspectives
Australia is a representative democracy where voters elect candidates to carry out the business of government on their behalf. All Australian citizens over the age of 18 must vote in elections. The Australian Constitution of 1901 established a federal system of government, based on the British (Westminster) tradition of government. Powers are distributed between a national government (the Commonwealth) and the six states.
However, the country's Indigenous peoples have a different perspective on governance, with a long history of consensus decision-making. Before 1869, leadership in Indigenous communities was not determined by a popular vote but was earned, learned, and/or inherited within families, clans, and nations. While there is diversity in traditional systems of Indigenous governance, the principle of consensus was a common foundation.
The early treatment of Australia's Indigenous population was marked by conflict and mistreatment. In 2008, the Australian Parliament passed a motion of apology to Indigenous Australians for past injustices, particularly the Stolen Generations, where Indigenous children were forcibly removed from their families.
Today, there is a growing recognition of the need to include Aboriginal and Torres Strait Islander perspectives in the workings of Parliament and the laws that affect First Nations peoples. There have been calls for a constitutionally enshrined Voice to bring these perspectives to bear on governance. While there is debate and disagreement around this proposal, it represents an important step towards reconciliation and truth-telling.
The concept of consensus decision-making is integral to the culture and self-governance of Indigenous communities. As Australia continues to strive for reconciliation, it is essential to consider the traditional practices and perspectives of its First Nations peoples in shaping a more inclusive and representative democracy.
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The impact of referendums
Australia is a federation of six states and two self-governing territories, with a constitution that divides powers between the federal government and the states and territories. This means that the Australian Government does not have the legal power to influence many of the decisions made by the individual states and territories, which have a significant degree of autonomy.
One notable example of the impact of referendums in Australia was the 1967 referendum, which had a profound effect on the recognition and rights of Aboriginal and Torres Strait Islander people. This referendum resulted in the inclusion of these communities in the census and made the Federal Government responsible for policies specific to First Nations. The successful outcome of this referendum marked a significant step towards addressing systemic racism and injustice, and it empowered First Nations people to challenge the prejudice that had dictated policies for so long. It also enabled them to have their voices heard and represented in Parliament, influencing the laws and policies that directly affect their lives.
Referendums in Australia have also played a role in shaping the country's democratic processes and values. Freedom of expression and peaceful political protest are key parts of Australia's system, and referendums provide a mechanism for Australians to have their say on important issues and influence the direction of the country. The lead-up to a referendum typically involves robust discussions, debates, and the expression of diverse opinions, allowing Australians to navigate through a multitude of views and make informed decisions.
However, it is important to note that referendums in Australia do not always lead to unanimous agreement or consensus. While they can bring about significant change, they can also highlight divisions and differing perspectives among the population. For instance, the proposed referendum on enshrining a First Nations Voice in the Constitution has sparked debates about the role of bureaucracies, power dynamics, and the potential consequences for First Nations peoples. Despite the challenges and varying viewpoints, referendums in Australia continue to play a crucial role in shaping the country's policies, governance, and the rights of its citizens, particularly those from marginalised communities.
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Freedom of expression and protest
Australia is a party to seven core international human rights treaties. While the Australian Constitution does not explicitly mention freedom of speech, the right to freedom of opinion and expression is contained in articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR). Article 19(2) protects freedom of expression in any medium, including oral and written communications, the media, public protest, broadcasting, artistic works, and commercial advertising.
Freedom of expression is also protected by articles 4 and 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD), articles 12 and 13 of the Convention on the Rights of the Child (CRC), and article 21 of the Convention on the Rights of Persons with Disabilities (CRPD).
In the context of freedom of expression, the right to seek, receive, and impart information and ideas of all kinds is guaranteed, regardless of the medium used. This includes the freedom to protest and engage in political activity, whether individually or through political parties and other organizations. However, it is important to note that freedom of expression is not absolute and may be subject to certain restrictions provided by law. These restrictions aim to balance individual rights with the need to maintain respect for the rights and reputations of others, as well as protect national security, public order, public health, and morals.
In Australia, freedom of opinion allows individuals to hold beliefs without interference, exception, or restriction. However, freedom of expression is more complex and subject to limitations. While individuals have the right to express their opinions, advertise, display art, and protest, there are boundaries that must be respected. For example, it is not permissible to use "fighting words," slander another person, cause panic, or incite violence.
The concept of freedom of speech and its limitations is an important aspect of democratic education. Discussions around these topics help individuals understand the balance between respecting other beliefs, lifestyles, opinions, and expression while also recognizing the need for certain restrictions to maintain a harmonious society.
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Frequently asked questions
Australia's system of government is a federation of six states and two self-governing territories. The national government, also known as the federal government or Commonwealth government, has certain powers, while others are shared with or reserved for the states and territories.
The Australian Government is a constitutional monarchy with a parliamentary democracy. The Head of State is the King of Australia, currently King Charles III. Each state has a governor appointed by the King on the advice of the state's Premier, who is the head of government.
Australia's system of government values freedom of expression and peaceful political protest. Diplomatic missions are allowed to observe Australian elections but are expected not to interfere. Public servants generally avoid accepting gifts, and there are protocols for interactions between state and territory officials and foreign diplomats.
The federal government has powers outlined in the constitution, including some shared with and others exclusive from the states and territories. The federal government does not have legal influence over many decisions made by the states and territories, which maintain a significant degree of autonomy.
Australia's system of government, as a federation with a constitutional monarchy and parliamentary democracy, shares similarities with other countries like the United Kingdom and Canada but has unique aspects, such as the specific distribution of powers between the federal and state/territory governments.
