Damon Mcknight
Australia has a federal system of government, with three levels of government that work together to provide services to the country. The federal Parliament, located in Canberra, makes laws for the whole of Australia. The six state parliaments and two territory parliaments make laws for their respective states or territories. In addition, over 500 local councils make local laws (by-laws) for their region or district. The Australian Constitution establishes the form of the federal government and sets out the basis for relations between the Commonwealth and the states, with the federal and state governments sharing power.
| Characteristics | Values |
|---|---|
| Number of levels of government | 3 |
| Federal Parliament location | Canberra |
| State/territory parliaments location | Capital cities of each of the 6 states and 2 territories |
| Local councils | Over 500 |
| Who elects representatives to federal, state and territory parliaments, and local councils | Australians aged 18 years and over |
| Number of members of the Australian Parliament | 226 |
| Number of members in the Senate | 76 |
| Number of members in the House of Representatives | 150 |
| Number of areas over which the federal Parliament has legislative (law-making) power | 39 |
| Number of state parliaments with unicameral parliament | 3 (Queensland, Northern Territory, and Australian Capital Territory) |
| Number of states with a parliament that consists of 2 houses | 5 |
| Number of chapters in Australia's constitution | 3 |
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What You'll Learn
The three levels of government
Australia has a federal system of government, with three levels of government that work together to provide services to the country. These are the federal, state/territory, and local council governments. Each level has its own responsibilities, though there is sometimes an overlap. Australians aged 18 and above can vote to elect representatives to these three levels of government.
The federal government, also known as the Australian government, is located in Canberra, the nation's capital. It makes laws for the whole of Australia. The 226 members of the Australian Parliament are responsible for making federal laws. Sections 51 and 52 of the Constitution describe the law-making powers of the federal Parliament. Section 51 lists 39 areas over which the federal Parliament has legislative (law-making) power. Some of the powers listed in section 51 are exclusive powers of the federal Parliament.
The state/territory governments make laws for their respective state or territory. 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 Parliament, and the Australian Capital Territory Parliament are unicameral, with only one house called the Legislative Assembly.
The local councils make local laws (by-laws) for their region or district. There are over 500 local councils across Australia, each located in a local council division. They are responsible for making laws on minor issues such as road rules.
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Federal laws vs. state laws
Australia has a federal system of government, with three levels of government that work together to provide services to the country. The federal Parliament, located in Canberra, makes laws for the whole of Australia. Six state parliaments and two territory parliaments make laws for their respective states or territories. Additionally, over 500 local councils make local laws (by-laws) for their specific regions or districts.
The Australian Constitution establishes the federal government and outlines the relationship between the Commonwealth and the states. It consists of three chapters, each defining the role and powers of the legislature, executive, and judiciary, respectively. Sections 51 and 52 of the Constitution describe the law-making powers of the federal Parliament. Section 51, in particular, lists 39 areas over which the federal Parliament has legislative power. These areas include defence, trade and commerce, taxation, marriage, and bankruptcy.
State parliaments also possess law-making powers and generally have plenary power to enact laws on any subject. However, in the event of conflicting laws passed by the federal and state parliaments on the same subject, Section 109 of the Constitution states that the federal law prevails and overrides the state law or the inconsistent part thereof. This highlights the shared power dynamic between the federal and state governments in Australia.
It is worth noting that Australia's system of common law is uniform across all states. This differs from countries like the United States, which maintains distinct systems of common law within each state. The uniformity in Australia's common law system was affirmed by the High Court's declaration in 1978, asserting its independence from the decisions of the Judicial Committee of the Privy Council.
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The Australian Constitution
The Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The 1891 draft was submitted to colonial parliaments, but it lapsed in New South Wales, and the other colonies were then unwilling to proceed. In 1895, the six premiers of the Australian colonies agreed to establish a new convention by popular vote, and the meetings produced a new draft with added provisions for responsible government. The final draft was then approved by each state in a series of referendums from 1898 to 1900.
The Constitution also details the roles of the executive government and the High Court of Australia, which interprets the Constitution, decides its meaning, and serves as the final court of appeal. Notably, the Constitution does not include a bill of rights, and it 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. The Constitution can only be changed with the approval of the Australian people through a referendum.
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The role of treaties
Treaties are international agreements concluded in written form between two or more states or international organisations and are governed by international law. Treaties give rise to international legal rights and obligations. Australia has entered into a number of bilateral agreements with other sovereign states on a range of matters, including extradition agreements for mutual assistance in criminal matters with several nation states, including the USA, France, Belgium and India.
Australia has also entered into multilateral treaties, such as the International Covenant on Civil and Political Rights (ICCPR) with 174 signatories. Treaties are generally an undertaking by nation states to commit to certain conditions or undertakings or to refrain from certain actions. They can be unilateral, bilateral, or multilateral.
The Australian Constitution allows Australia to enter into treaties as an exercise of Executive Power. Treaties are then tabled in both Houses of Parliament. Treaties must be ratified at a domestic and international level. At a domestic level, this means that if any changes are required to domestic law or procedures and policies are required, legislation will be introduced into the Federal Parliament to implement the treaty in Australia's domestic law.
Australia does not generally agree to be bound by a human rights treaty unless it is satisfied that its domestic laws comply with the terms of the treaty. While Australia has agreed to be bound by major international human rights treaties, they do not form part of Australia's domestic law unless specifically incorporated into Australian law through legislation.
Critics have questioned whether these treaty bodies are democratically valid in Australia or beneficial to its citizens, especially given the primary purpose of these committees is to monitor, support and assist states in implementing the treaty's objectives. International human rights committees, such as the Committee on the Rights of the Child, have played a crucial role in advancing and enforcing human rights worldwide.
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The court system
Australia's court system is complex and consists of both federal and state courts. At the federal level, the court system is comprised of the High Court of Australia, the Federal Court of Australia, and the Federal Circuit Court of Australia. Each state and territory also has its own court system, which includes local, district, and supreme courts.
The High Court of Australia is the final court of appeal in the country and deals with matters relating to the interpretation of the Constitution, as well as hearing appeals from lower federal and state courts. It is the highest court in Australia and is based in Canberra, with permanent courthouses in each state capital. The High Court has both original and appellate jurisdiction, meaning it can hear cases in the first instance and also hear appeals from lower courts.
The Federal Court of Australia deals with matters relating to federal law, including immigration, trade practices, intellectual property, and industrial relations. This court also hears appeals from the Federal Circuit Court and some tribunals. While the Federal Court primarily deals with federal law matters, it can also hear cross-vested appeals from state supreme courts in certain circumstances.
The Federal Circuit Court of Australia is a lower federal court that deals with family law, child support, admiralty, bankruptcy, copyright, industrial relations, and human rights matters. This court provides access to justice by offering a less formal and more streamlined approach to hearing matters.
Each state and territory in Australia has its own court system, mirroring the federal system in many ways. Local courts deal with less serious criminal matters and small civil claims, while district or county courts handle more significant criminal and civil cases. The supreme court of each state sits at the apex of the state court system, dealing with the most serious criminal trials and civil matters, as well as appeals from lower state courts.
The state and federal court systems work together to ensure the administration of justice across Australia, with the High Court providing a final avenue of appeal for matters that have been through lower courts. The federal courts primarily handle matters relating to federal law and specific areas of law, while the state courts manage a broader range of criminal and civil cases that fall within state legislative power.
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Frequently asked questions
State law in Australia refers to the laws made by the six state parliaments for their respective states.
Australia has three levels of government: federal, state/territory, and local.
The federal government in Australia, also known as the Australian government, is responsible for making laws for the whole country. It shares power with the state governments.
The federal and state parliaments can make laws in the same areas, but in case of conflicting laws, the federal law overrides the state law, as per Section 109 of the Australian Constitution.
