Lyla Lindsey
Australia is a constitutional monarchy with a parliamentary system of government. The Parliament of Australia, also known as the Federal Parliament, 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 principal function of the Parliament is to pass laws, or legislation. Both houses of the federal parliament make up the legislature, which is responsible for debating and voting on whether to make new laws or change existing ones.
| Characteristics | Values |
|---|---|
| Number of branches | 3 |
| Branch responsible for creating legislation | Federal Parliament |
| Number of members in Parliament | 226 |
| Number of members in the Senate | 76 |
| Number of members in the House of Representatives | 150 |
| Number of senators from each state | 12 |
| Number of senators from each territory | 2 |
| Maximum term of the House of Representatives | 3 years |
| Term length of senators | Fixed terms, with half of the state senators' terms expiring every 3 years |
| Legislative process language | English |
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What You'll Learn
The role of the Governor-General
The Governor-General of Australia is the representative of His Majesty The King and, in practice, the country's Head of State. They have a range of constitutional and ceremonial duties, including specific constitutional and statutory powers. The Governor-General is also the Commander-in-Chief of the Australian Defence Force.
The Governor-General acts on the advice of Ministers, who are responsible to Parliament and, ultimately, the Australian people. They have the power to appoint the Prime Minister, ministers, and assistant ministers, as well as swear in other statutory positions. The Governor-General also holds and may exercise the Reserve Powers. They are the Chancellor of the Order of Australia and approve awards to recognise outstanding Australians through the Australian Honours and Awards System.
The Governor-General has a role in promoting Australia's international interests, developing relationships with ambassadors and high commissioners, and receiving visiting heads of state and other senior international representatives. They also have a ceremonial role in swearing in and accepting the resignations of members of Parliament, who must make an oath of allegiance to the King in the presence of the Governor-General.
One of the most significant powers of the Governor-General is the ability to grant royal assent in the King's name, giving bills passed by Parliament the force of law. This power is expected to be exercised in accordance with democratic principles. The Governor-General also makes a speech on the opening day of Parliament, outlining the government's proposed legislative program.
In summary, the Governor-General of Australia has a range of constitutional, ceremonial, and statutory duties, including the power to grant royal assent to bills and promote Australia's international interests. They act as the representative of the King and the country's Head of State, with their powers derived from the Constitution.
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The House of Representatives
The Parliament of Australia combines elements from the Westminster system, where the party or coalition with a majority in the lower house is entitled to form a 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 Australian Parliament also has similarities to the United Kingdom House of Commons, with the predominant colour of the furnishings in the House of Representatives being green, although the colour is tinted slightly to suggest the colour of eucalyptus trees. The seating arrangement of the crossbench is curved, similar to the United States House of Representatives, suggesting a more collaborative system than in the United Kingdom Parliament.
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The Senate
Political parties have played a major role in the operations of the Senate throughout its history. Some framers of the constitution intended that senators would give first priority to the interests of their states, placing state considerations above party interests. However, others involved in drafting the constitution correctly predicted that party considerations would soon dominate state interests. Party discipline was important in the Senate from the first parliament, most notably with the formation of an Australian Labor Party caucus after the inaugural 1901 election, which required its members to vote in line with party decisions.
The Council of Australian Governments (COAG) is an intergovernmental forum that initiates, develops and monitors policy reforms that are of national significance and which require cooperative action by Australian governments.
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State and territory governments
Australia has six federated states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. Each state has its own constitution, legislature, executive government, judiciary, and law enforcement agencies. The state constitutions divide the state governments into the legislature, executive, and judiciary, similar to the federal government.
State parliaments are permitted to pass laws related to any matter that is not controlled by the Commonwealth under Section 51 of the Australian Constitution. The state legislatures' law-making powers are, however, limited by the federal constitution, notably by Sections 51 and 109. The federal parliament can override territorial legislation.
Each state has a head of government called the 'Premier' and a head of state or 'Governor'. The Premier is the head of each state government. The powers of the state legislatures have been declining since Federation in 1901, as the power and responsibility of the national government have expanded.
The Northern Territory and the Australian Capital Territory (ACT) parliaments are unicameral, with one house called the Legislative Assembly. The ACT combines the responsibilities of both a local and state government. The Northern Territory and the ACT have been granted a limited right of self-government by the federal government. In these territories, a range of governmental matters are now handled by a locally elected parliament.
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Local councils
Australia has a federal system of government, with power shared between the federal government and state governments. The country is divided into three levels of government: local councils, state/territory parliaments, and the federal Parliament. While local councils are not mentioned in the Australian Constitution, each state has a local government Act that provides the rules for the creation and operation of councils. These Acts vary from state to state but generally cover how councils are elected and their power to make and enforce local laws, known as by-laws.
For example, in New South Wales (NSW), the Local Government Act 1993 provides guidelines and codes for councils to follow. The Office of Local Government (OLG) publishes a range of guidelines, codes, practice notes, and other guidance for local governments to follow. These materials aim to support NSW councils in governing in a lawful, prudent, transparent, and accountable manner, as well as providing strong and sustainable services to local communities.
In South Australia, the Local Government Act 1999 sets up the constitution, system, and operational framework for local governments. The Local Government (Elections) Act 1999 outlines the requirements for council elections, including how they are conducted, who can nominate and vote, and how votes are counted.
The Australian Capital Territory (ACT) is unique in that its parliament combines the responsibilities of both a local and state government. Section 122 of the Constitution gives the federal Parliament the power to make laws for the territories, and the ACT gained self-government through the Australian Capital Territory (Self-Government) Act 1988.
Overall, while local councils in Australia derive their powers from state parliaments, they play an important role in creating and enforcing local laws, known as by-laws, to meet the particular needs of their communities.
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Frequently asked questions
The Parliament of Australia, also known as the Federal Parliament, is responsible for creating legislation. It consists of three elements: the monarch, the Senate, and the House of Representatives.
The monarch of Australia, currently King Charles, shares law-making powers with the Senate and the House of Representatives. Royal assent, expressed by the Governor-General, is required for a bill to become an act and part of the law.
The Senate is the upper house, consisting of 76 members, with an equal number of senators from each state. The House of Representatives is the lower house, where the government of the day must achieve a majority to gain and remain in power.
While local councils are not mentioned in the Australian Constitution, each state has a local government Act that provides rules for their creation and operation. These councils derive their powers from state parliaments and can make by-laws, which are a form of delegated legislation.
Any parliamentarian can introduce a proposed law, known as a bill, in the Parliament. Most bills are introduced by ministers, but private members' bills are also possible. For a bill to become a law, it must be passed by both the Senate and the House of Representatives and then assented to by the Governor-General.
