Lyla Lindsey
Australia has a three-tier system of government, consisting of federal, state, and local councils. The federal Parliament makes laws for the whole of Australia, while the six state and two territory parliaments make laws for their respective states or territories. Over 500 local councils make local laws (by-laws) for their region or district. The Australian Capital Territory (ACT) is unique in that it combines the responsibilities of both local and state governments. The ACT government is responsible for matters that are typically handled by local governments in other parts of Australia, such as local road maintenance, libraries, and waste collection. Local councils, also known as municipalities or shires, consist of elected members and staff, with the head of the council usually referred to as the mayor or president.
| Characteristics | Values |
|---|---|
| Number of local councils | 547 as of August 2016 |
| Number of local governments | Over 500 |
| Territory with no municipalities | Australian Capital Territory (ACT) |
| Territory with one house called the Legislative Assembly | Northern Territory and Australian Capital Territory |
| Leader of each territory government | Chief Minister |
| Council board members | Councillors |
| Head of the Council | Mayor or Shire President |
| Council members' term | 4 years |
| Council members in each council | 9 |
| Council members in the Senate | 12 for each state and 2 for each territory |
| Council members in the House of Representatives | 150 |
| Powers | Local councils can independently enact their own local subsidiary legislation |
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What You'll Learn
Local councils
Local government in Australia is generally run by a council, with over 500 local councils making local laws (by-laws) for their region or district. The territory of public administration is referred to as the local government area or LGA, and each LGA encompasses multiple suburbs or localities, often with different postcodes. The council board members are called councillors, and the head councillor is the mayor or shire president.
The Australian Capital Territory (ACT) has no municipalities, and the ACT government handles responsibilities that are under the purview of local government in other parts of Australia, such as local road maintenance, libraries, and waste collection. Many Canberra districts have "community councils", but these are not part of the government and have no power to change laws or policies.
In the early 1990s, Victoria saw the number of local councils reduced from 210 to 78. South Australia, Tasmania, and Queensland also saw reductions in the number of local governments, while Western Australia and New South Wales rejected compulsory mergers. New South Wales eventually forced the merging of some councils, resulting in widespread job losses and increased workloads for those who remained.
In Queensland and Western Australia, LGAs have been granted the power to independently enact their own local subsidiary legislation. Councils have also organised their own representative structures, such as Local Government Associations and Regional Organisations of Councils.
New South Wales has county councils, which are special-purpose local governments governing county districts composed of two or more LGAs. They are responsible for water supply, flood mitigation, and weed management.
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State/territory parliaments
Australia has three levels of government: the federal Parliament, state/territory parliaments, and local councils. The state/territory parliaments are located in the capital cities of each of the six states and two territories. The federal Parliament, on the other hand, is located in Canberra, the nation's capital.
The six state and two territory parliaments make laws for their respective states or territories. Each territory parliament has one house, called the Legislative Assembly, and the leader of each territory government is referred to as the Chief Minister. The Northern Territory and the Australian Capital Territory (ACT) parliaments are unicameral, meaning they have only one chamber or house. The ACT government is unique in that it holds the responsibilities of both a local and state government. The ACT government directorate, Transport Canberra & City Services, handles responsibilities typically managed by local governments, such as local road maintenance, libraries, and waste collection.
State and territory government responsibilities include justice, consumer affairs, health, education, forestry, public transport, and main roads. The state parliaments gave local councils the task of addressing the specific needs of their local communities. Local governments consist of two groups: elected members and staff who work for the council. Elected members typically serve four-year terms, and each council has approximately nine elected members, referred to as councillors or aldermen. The head of the council is usually called the mayor or president.
In recent years, some state governments have devolved additional powers to local government areas (LGAs). Queensland and Western Australia have granted LGAs the power to independently enact their own local subsidiary legislation. Councils have also established their own representative structures, such as Local Government Associations and Regional Organisations of Councils.
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Federal Parliament
Australia has a three-tiered government structure, with local councils, state/territory parliaments, and the federal parliament. The federal parliament is responsible for making laws for the entire country, while the state and local councils make laws for their respective regions. The federal parliament is located in Canberra, the nation's capital.
The Australian Constitution established the federal parliament and outlined its law-making powers. The parliament is made up of 226 members, with 76 in the Senate and 150 in the House of Representatives. The Senate is often referred to as the "state's house" or the "house of review." Senators are elected to represent an entire state or territory, with 12 senators representing each state and two senators representing each territory. The House of Representatives, on the other hand, consists of members who each represent a separate division or electorate in Australia. The leader of the federal government, called the Prime Minister, is elected by their fellow party members as the leader of the party with the majority in the House of Representatives.
The federal parliament has legislative power, also known as law-making power, in 39 areas outlined in Section 51 of the Constitution. These areas include foreign affairs, social security, industrial relations, trade, immigration, currency, and defence. Additionally, under Section 51, state parliaments can refer matters to the federal parliament. Section 52 of the Constitution also describes the law-making powers of the federal parliament.
The federal parliament also has the power to grant self-government to territories. In 1978, the federal parliament passed the Northern Territory (Self-Government) Act, granting self-government to the Northern Territory. Similarly, in 1988, the Australian Capital Territory (Self-Government) Act was passed, giving self-government to the ACT. It is important to note that the federal parliament can also overturn territory laws, as seen in 1997 when it passed the Euthanasia Laws Act to overturn the Rights of the Terminally Ill Act, which had legalised euthanasia in the Northern Territory.
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Local laws
The powers of local governments to create and enforce laws are derived from their respective state or territory governments. While the specifics of local law-making processes may vary across different states and territories, there are some commonalities. Typically, local laws are formulated by the local council through a process of consultation and deliberation, taking into account the unique needs and characteristics of the community they serve.
The scope of local laws is extensive and can include regulations pertaining to public health, safety, and amenity. For example, local laws may govern areas such as animal management, environmental protection, food safety, parking, and traffic control. They can also cover the use and maintenance of local facilities like parks, gardens, and community centres. In addition, local laws play a crucial role in managing and preventing local nuisances, such as noise pollution, littering, and graffiti.
To ensure compliance with these laws, local governments have the authority to impose penalties and fines for any breaches. These penalties are typically outlined within the local laws themselves and are designed to act as a deterrent against future violations. Enforcement officers, often employed by the local council, are responsible for monitoring and enforcing these laws within their jurisdiction.
It is important to note that while local laws are specific to each area, they must not contradict or exceed the powers granted by the relevant state or territory legislation. Any laws that are inconsistent with higher levels of government would be deemed invalid. As such, local governments must operate within the framework provided by their respective state or territory laws when creating and enforcing local laws.
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Council structure
Australia has three levels of government: federal, state/territory, and local. Local government in Australia is generally run by a council, and its territory of public administration is referred to as the local government area or LGA. As of August 2016, there were 547 local councils in Australia. Councils are established by state governments to look after the particular needs of a city or local community. The council board members are generally known as councillors, and the head councillor is called the mayor or shire president. On average, each council has 9 elected members who serve 4-year terms and are usually called councillors or aldermen.
The Australian Capital Territory (ACT) has no municipalities. The ACT government is responsible for both state-level and local-level matters. The ACT Government directorate Transport Canberra & City Services handles responsibilities that are under the purview of local government in other parts of Australia, such as local road maintenance, libraries, and waste collection. Many Canberra districts have community organisations called "community councils", but they are not part of the government. They do not have the power to change laws or policies, and their role is limited to advising the government. They are effectively residents' associations.
In Queensland and Western Australia, LGAs have been granted the power to independently enact their own local subsidiary legislation, in contrast to the previous system of by-laws. Councils have also organised their own representative structures such as Local Government Associations and Regional Organisations of Councils.
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Frequently asked questions
Australia has three levels of government: federal, state/territory, and local.
The federal government makes laws for the whole of Australia and is responsible for areas that affect the nation as a whole, including foreign affairs, social security, industrial relations, trade, immigration, currency, and defence.
As of August 2016, there were 547 local councils in Australia. These councils are responsible for making local laws (by-laws) for their region or district.
Local governments are responsible for local road maintenance, garbage collection, building regulations, land subdivisions, public health, and recreation facilities such as swimming pools.
