Lexi Webster
Australia is broken up into six federated states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. In addition, Australia also has ten federal territories, three of which are internal territories: the Australian Capital Territory (ACT), the Jervis Bay Territory, and the Northern Territory. The remaining seven are external territories, including the Ashmore and Cartier Islands, the Australian Antarctic Territory, and Christmas Island. Each state and internal territory has its own legislature and judicial system, while the external territories are governed by federal departments. The states and territories offer a diverse range of environments, cultures, and experiences, from cosmopolitan cities to pristine beaches and ancient rainforests.
| Characteristics | Values |
|---|---|
| Number of Federated States | 6 |
| Federated States | New South Wales, Queensland, South Australia, Tasmania, Victoria, Western Australia |
| Number of Federal Territories | 10 |
| Internal Territories | Australian Capital Territory, Jervis Bay Territory, Northern Territory |
| External Territories | Ashmore and Cartier Islands, Australian Antarctic Territory, Christmas Island, Cocos (Keeling) Islands, Coral Sea Islands, Heard Island and McDonald Islands, Norfolk Island |
| Self-Governing Territories | All except Jervis Bay Territory and some external territories |
| Legislative Power | Each territory has its own legislature, but the Federal Parliament can override territorial legislation |
| Judicial Power | Each territory has its own judicial system, but the federal High Court of Australia acts as the final court of appeal |
| Historical Context | Before 1901, Australia consisted of 6 British colonies that united to become a nation |
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What You'll Learn
The six federated states
Australia has six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia.
Before 1901, Australia consisted of six British colonies, which were partly self-governing but under the law-making power of the British Parliament. In the late 19th century, it was suggested that the colonies might be stronger and more efficient if they worked together. Several conventions were held to draft a constitution for a new country, Australia. In 1899, the draft was approved by a vote of the people in a series of referendums. On 1 January 1901, the Australian colonies united to become a nation, and the colonies became Australia's six states. Through federation, the states transferred some of their law-making power to the Australian Parliament. Each state now has its own legislature, although the Federal Parliament can override territorial legislation.
New South Wales is a popular destination for its wine regions, seaside villages, and mountain wilderness. Its capital, Sydney, is the nation's biggest city. Queensland, also known as the 'Sunshine State', is home to the Great Barrier Reef, the ancient Daintree Rainforest, and the Whitsunday Islands. Its capital is Brisbane. South Australia is known for its laid-back, festival vibe, with over 500 events and festivals taking place each year. Adelaide, its capital, is a great base for exploring the Barossa Valley wineries and the Flinders Ranges. Tasmania, an island state separated from mainland Australia, offers breathtaking landscapes and vast wilderness. Its capital, Hobart, is known for its cosmopolitan atmosphere and regional towns. Victoria, with its capital Melbourne, is the cultural heart of Australia. Melbourne has been named the 'Most Liveable City in the World' multiple times due to its cultural diversity and friendly atmosphere. Western Australia, the largest state, covers a third of the continent and is known for its diverse natural attractions, from coral reefs to ancient cave systems.
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Federal territories
Australia has six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia.
In addition to these states, Australia also has ten federal territories, out of which three are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory on the Australian mainland. The remaining seven are external territories: the Ashmore and Cartier Islands, the Australian Antarctic Territory, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and Norfolk Island.
Every state and internal territory (excluding the Jervis Bay Territory) is self-governing, with its own independent executive government, legislature, and judicial system. The Federal Parliament, however, can override territorial legislation. The federal High Court of Australia acts as the final court of appeal for all matters and can override any state judiciary.
The Australian Capital Territory (ACT) and the Northern Territory operate similarly to the states, with representation in Parliament and the Senate. However, they do not possess constitutional status as states, and their legislation can be overridden.
The external territories are governed differently. Most external territories are subject to the judiciary and legislature of either a state or internal territory. The Heard Island and McDonald Islands, though uninhabited, are considered constitutionally part of Australia. The Australian Antarctic Territory, on the other hand, is governed by the Department of Climate Change, Energy, the Environment and Water.
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Self-governance
Australia has six federated states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. Additionally, there are ten federal territories, three of which are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory. The remaining seven are external territories, including the Australian Antarctic Territory and Norfolk Island.
Prior to 1901, Australia was comprised of six British colonies that possessed partial self-governance but remained under the law-making authority of the British Parliament. During the 1880s and 1890s, the idea emerged that the colonies could become stronger and more efficient through collaboration. This led to a series of conventions with the goal of drafting a constitution for a unified Australia. The draft constitution was approved by popular vote in 1899, and on January 1, 1901, the colonies united to form the Commonwealth of Australia, with each colony becoming a state.
Each state and internal territory (excluding the Jervis Bay Territory) has its own independent executive government, legislature, and judicial system. These entities are responsible for legislating on matters concerning their citizens, within the boundaries set by the federal constitution. While the Federal Parliament can override territorial legislation, each state and internal territory maintains its own judiciary, subject to appeals to the High Court of Australia.
The Australian Capital Territory (ACT) and the Northern Territory, despite lacking constitutional status as states, operate similarly to the states. They have representation in both the Parliament and the Senate and possess self-governance. The Federal Parliament granted self-governance to these territories through the passage of the Northern Territory (Self-Government) Act 1978 and the Australian Capital Territory (Self-Government) Act 1988.
The external territories are generally governed by the federal Department of Infrastructure, Transport, Regional Development, and Communications. However, the Heard Island and McDonald Islands, despite being uninhabited, are considered constitutionally part of Australia by the central government. The status of Norfolk Island is a subject of controversy, with the present government working towards integrating the territory into Australia proper, while the Norfolk Islanders assert their non-consent to this change.
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Federal constitution
Australia is broken up into six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia. Additionally, Australia has ten federal territories, three of which are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory on the Australian mainland. The remaining seven are external territories.
Each state and internal territory has its own legislature and judicial system, although the Federal Parliament and the federal High Court of Australia can override territorial legislation and state judiciary respectively. The Australian Constitution, which came into effect on 1 January 1901, outlines the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature.
The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies that previously existed in Australia. The final draft was approved by each state in a series of referendums from 1898 to 1900. The agreed constitution was transmitted to London, where it was enacted as Section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom.
The Commonwealth of Australia Constitution Act became law after receiving royal assent on 9 July 1900. On 17 September 1900, Queen Victoria proclaimed the act of federation, which came into effect on 1 January 1901, marking the unification of the six colonies into states within the new Commonwealth of Australia. The Constitution is the primary source of Australian constitutional law, although it operates alongside constitutional conventions and historical precedents.
Following the 2017–2018 Australian parliamentary eligibility crisis, there were discussions on whether to retain or replace the Constitution. Former Prime Minister Bob Hawke advocated for replacing the current Constitution with a system that does not include states.
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The Australian Capital Territory and Northern Territory
The Australian Capital Territory (ACT) is an internal territory of Australia, and Canberra, the capital city of Australia, is situated within it. The ACT was known as the Federal Capital Territory until 1938 and is located in southeastern Australia as an enclave surrounded by the state of New South Wales. The territory was transferred to the federal government by New South Wales in 1911, two years before the capital city was founded and formally named Canberra in 1913.
The ACT operates indistinguishably from the Australian states, with representation in the Parliament and the Senate. However, it does not have constitutional status as a state, and territorial legislation can be overridden. The territory is home to many important institutions of the federal government, national monuments, and museums, including the Parliament of Australia, the High Court of Australia, the National Gallery of Australia, and the Australian War Memorial. The ACT also hosts the majority of foreign embassies in Australia and the regional headquarters of many international organisations, not-for-profit groups, lobbying groups, and professional associations.
The Northern Territory (NT), formally known as the Northern Territory of Australia and informally as the Territory, is another internal territory of Australia, located in the central and central-northern regions. It shares its borders with Western Australia to the west, South Australia to the south, and Queensland to the east. The NT covers 1,347,791 square kilometres, making it the third-largest Australian federal division and the 11th-largest country subdivision in the world. It has a sparse population, with only 249,000 residents as of December 2021.
The Northern Territory has a rich history, with extensive seasonal trade links established between traders from Sulawesi and the Indigenous peoples of the Kimberley region (modern-day Northern Territory) from the 17th or 18th century AD onwards. The land occupied by the Northern Territory was part of colonial New South Wales from 1825 to 1863 and then became part of South Australia from 1863 to 1911. On 1 January 1911, the Northern Territory was separated from South Australia and transferred to federal control, along with the Australian Capital Territory. The NT has a diverse landscape, from the tropical city of Darwin to the iconic Outback, with Alice Springs at its heart. It is known for its ancient Aboriginal culture, birdlife, wildlife, dramatic landscapes, and unique experiences.
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Frequently asked questions
Australia has six states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia.
Each state has its own legislature, executive government, and judicial system. However, the Federal Parliament and the Federal High Court of Australia can override territorial laws and judiciary respectively.
Australia also has ten federal territories, three of which are internal: the Australian Capital Territory (ACT), the Jervis Bay Territory, and the Northern Territory. The remaining seven are external territories: Ashmore and Cartier Islands, the Australian Antarctic Territory, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and Norfolk Island. Most external territories are subject to the judiciary and legislature of either a state or internal territory.
Before 1901, Australia consisted of six British colonies that were partly self-governing but under the law-making power of the British Parliament. During the 1880s and 1890s, it was suggested that the colonies would be stronger and more efficient if they worked together. Conventions were held to draft a constitution for a new country, and in 1899, the draft was approved by a series of referendums. On January 1, 1901, the Australian colonies united to become a nation, forming the six states.
