Damon Mcknight
Australia has a federal system of government, with power shared between the federal government and state governments. The country has three levels of government: federal Parliament, state/territory parliaments, and local councils. The federal Parliament, located in Canberra, is responsible for making laws for the whole of Australia, while each state has its own parliament that handles issues specific to that state. The federal Parliament consists of the Senate and the House of Representatives, with the Prime Minister as the head of the federal government. The Australian Constitution grants executive power to the Governor-General, who acts on the advice of the Prime Minister and ministers.
| Characteristics | Values |
|---|---|
| Number of levels of government | 3 |
| Federal government location | Canberra, the nation's capital |
| State/territory parliaments | 6 state parliaments and 2 territory parliaments |
| State parliament locations | 8 capital cities |
| Number of houses in state parliaments | 2 houses, except Queensland, Northern Territory, and Australian Capital Territory |
| Number of members of Parliament | 226 (76 in the Senate and 150 in the House of Representatives) |
| Power distribution | Federal system of government with power shared between federal and state governments |
| Federal Parliament's role | Making laws for the whole of Australia and areas that affect the nation |
| State Parliament's role | Handling local community needs |
| Local councils' role | Representing citizens at each level of government and making decisions on their behalf |
| Executive power | Held by the Governor-General, who acts on the advice of the Prime Minister and ministers |
| Prime Minister's role | Head of the federal government, responsible for governing Australia |
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What You'll Learn
Federal, state and territory parliaments
Australia has a federal system of government, with power shared between the federal government and state governments. The Australian Constitution, which sets out the legal framework by which Australia is governed, established a federal parliament responsible for areas that affect the whole nation.
The Federal Parliament of Australia, officially the Parliament of the Commonwealth, is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor-general), the Senate (the upper house), and the House of Representatives (the lower house). The Australian Parliament combines elements from the Westminster system, in which the party or coalition with a majority in the lower house forms the government, and the United States Congress, which affords equal representation to each of the states and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each state, and two for each of the self-governing territories. Senators are elected using the proportional system, and as a result, the chamber features a multitude of parties vying for power. The House of Representatives presently consists of 151 members. Each state is allocated seats based on its population; however, each original state, regardless of size, is guaranteed at least five seats. The House of Representatives has a maximum term of three years, although it can be dissolved early.
Australia has six state parliaments and two territory parliaments known as legislative assemblies. These parliaments are located in Australia's eight capital cities. Each state, except Queensland, has a parliament that consists of two houses. The Queensland Parliament, the Northern Territory Legislative Assembly, and the Australian Capital Territory parliament are unicameral, with a single house called the Legislative Assembly. The other states have a bicameral parliament, with a lower house called the Legislative Assembly or the House of Assembly, and an upper house called the Legislative Council. The parliaments were all created by legislation of the British Imperial Parliament, and their original constitutions were contained in Acts of that Parliament; however, now the power to amend state constitutions resides with the respective state parliaments, in accordance with its constitution. The Commonwealth Parliament cannot amend a state's constitution.
The federal and state parliaments work together in what is sometimes referred to as the division of powers. Each level of government has its own responsibilities, although in some cases these responsibilities are shared. Australians aged 18 and over vote to elect representatives to federal, state and territory parliaments, and local councils to make decisions on their behalf. This means Australians have someone to represent them at each level of government.
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Local councils
In recent years, some state governments have devolved additional powers to local councils. For example, councils in Queensland and Western Australia can now 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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The Australian Constitution
The Constitution sets out the legal framework by which Australia is governed, giving the country a federal system of government. This means that power is shared between the federal government and the state governments. The Constitution establishes three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. The Parliament is bicameral, with two houses: the Senate and the House of Representatives. The states, on the other hand, have their own parliaments, with most of their existing powers retained, except for areas that affect the whole nation, which are given to the federal Parliament.
The Constitution also details the roles of the executive government and the High Court of Australia, which is the final court of appeal. The High Court interprets the Constitution, decides its meaning, and settles disputes between the Australian and state governments. It is important to note that the Constitution does not cover all features of Australia's system of government. For example, the Prime Minister and the Cabinet are not mentioned in the Constitution but operate by custom and tradition, similar to the British system.
The Constitution can only be changed with the approval of the Australian people. A proposed change must be approved by Parliament and then voted on by Australians in a referendum. This ensures that the Australian people have a direct say in any modifications to their country's fundamental laws.
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The Governor-General
In their ceremonial and community roles, the Governor-General represents the nation domestically and internationally. Domestically, this entails attending services and commemorations, sponsoring community organisations, and hosting events at one of the two official residences: Government House in Canberra and Admiralty House in Sydney. Internationally, the Governor-General represents Australia by travelling to significant events and performing and receiving state visits.
In almost all instances, the Governor-General exercises de jure power, remaining politically neutral and acting in accordance with Parliament or on the advice of ministers. However, in certain limited circumstances, they can exercise reserve powers without or against formal advice.
Vacancies occur on the resignation, death, or incapacity of the Governor-General, or when they are overseas on official business. In the event of a vacancy, Section 4 of the Constitution allows the monarch to appoint an administrator, typically the longest-serving state governor, to carry out the role until a new Governor-General is appointed.
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The Prime Minister
The role and duties of the prime minister are not outlined in the Australian Constitution but are instead defined by constitutional convention, deriving from the Westminster system and responsible government. The Prime Minister is both responsible to and a member of the Commonwealth Parliament. They are formally appointed by the governor-general, who is ordinarily constrained by convention to choose the parliamentarian able to command the confidence of the House of Representatives (the lower house). The Prime Minister is the chair of the Cabinet of Australia and thus the head of the federal executive government. Cabinet, the primary decision-making body of the executive government, is chaired by the prime minister. While the prime minister has been described as the "first among equals" of the other ministers that make up the cabinet, they nevertheless wield primary influence in the body. They set the agenda and processes of cabinet meetings and have the final word where a collective decision cannot be reached.
Since the emergence of the strong party system in Australia in the 1920s, prime ministers have almost always been the parliamentary leader of the party (or leader of the senior party in a coalition of parties) that has a majority in the House of Representatives. Responsible government has always required the prime minister and government to have the confidence of a majority of the lower house in order to govern. However, the emergence of strong parties with members strongly punished for voting against party policy (also known as crossing the floor) has meant that most prime ministers and governments have significant control over the passage of bills in this house. Nevertheless, bills must also be passed by the Senate (the upper house) in order to become law, and the government rarely has a majority in this house, leading to some checks on the legislative powers of the government.
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Frequently asked questions
The Australian government has three levels of power distribution: federal Parliament, state/territory parliaments, and local councils.
The federal Parliament is responsible for making laws for the whole of Australia and handling matters that affect the nation. It consists of the Senate and the House of Representatives, with the Prime Minister as the head.
The Australian Constitution establishes a division of powers between the federal and state parliaments, ensuring that no single level of government controls all laws and activities in the nation. Each level has its own responsibilities, and in some cases, they share responsibilities.
The Governor-General holds executive power and can act on behalf of the King. While they exercise this power, they usually do so on the advice of the Prime Minister and ministers, who have day-to-day responsibility for governing Australia.
