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Australia has three levels of government that work together to make laws for the country. The federal government, based in Canberra, is responsible for making laws that apply to the whole of Australia. The second level of government is the state/territory parliaments, which make laws for their respective states or territories. Finally, the third level of government is the local councils, which make by-laws for their specific regions or districts. The federal Parliament is made up of the monarch of Australia (represented by the governor-general), the Senate (the upper house), and the House of Representatives (the lower house). While the executive power of the Commonwealth is vested in the monarch, it is typically exercised by the governor-general, who is appointed by the monarch as their representative. The prime minister, who is appointed by the governor-general, leads the cabinet, which is the key decision-making body of the government.
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What You'll Learn
Federal Parliament
Australia has 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 Federal Parliament was established by the Australian Constitution, which sets out the legal framework by which Australia is governed. The Constitution also established a federal system of government, giving Australia a central government while allowing colonial parliaments to maintain their authority.
The Federal Parliament consists of three elements: the monarch of Australia, the Senate (the upper house), and the House of Representatives (the lower house). The monarch of Australia is currently King Charles, who is represented by the governor-general. The Senate has 76 members: twelve for each state and two for each of the self-governing territories. Senators are elected using a proportional system, resulting in a diverse range of parties represented in the chamber. The House of Representatives has 150 members.
The Federal Parliament has legislative power, or the power to make 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 power, including taxation, external affairs, defence, and marriage. Additionally, Section 51 allows state parliaments to refer matters to the Federal Parliament, requesting them to make laws about an issue affecting the state. Section 96 of the Australian Constitution further empowers the Federal Parliament to grant money to any state on terms and conditions set by the Parliament.
In the event of conflicting laws passed by the Federal Parliament and a state parliament on the same subject, Section 109 of the Constitution states that the federal law overrides the state law or the inconsistent part thereof. This underscores the primacy of federal laws in Australia's system of government.
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State/Territory Parliaments
Australia has six state parliaments and two territory parliaments, known as legislative assemblies. These parliaments are located in the capital cities of each state and territory. The six state parliaments of Australia are New South Wales, Western Australia, Queensland, Victoria, South Australia, and Tasmania. Queensland and the two territories—the Northern Territory and the Australian Capital Territory—have unicameral parliaments, with a single house called the Legislative Assembly. The other five states have bicameral parliaments, with a lower house called the Legislative Assembly (in New South Wales, Victoria, and Western Australia) or the House of Assembly (in South Australia and Tasmania), and an upper house called the Legislative Council.
The Australian Constitution, which sets out the legal framework by which Australia is governed, established a federal system of government. Under the Constitution, the states kept their own parliaments and most of their existing powers, but the federal Parliament was given responsibility for areas that affect the whole nation. 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 power, some of which are exclusive to the federal Parliament and some of which are concurrent with the state and territory parliaments.
State and territory parliaments make laws that are enforced within their state or territory. The Constitution left most other law-making powers to the states, which are known as residual powers. As a rule, if it is not listed in sections 51 and 52 of the Constitution, it is an area of state responsibility. State laws relate to matters that are primarily of state interest. Section 122 of the Constitution gives the federal Parliament the power to make laws for the territories, and it allows the Parliament to override a territory law at any time.
The state parliaments were created by legislation of the British Imperial Parliament, and their original constitutions were contained in Acts of that Parliament. 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 Australian Capital Territory and the Northern Territory, on the other hand, are territories of the Commonwealth, and their parliaments were created by way of legislation of the Commonwealth Parliament. Although the Commonwealth treats the territories as though they were states for many purposes, they are not states, and their legislative powers differ.
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Local Councils
Australia has three levels of government that work together to provide services to the country. The Federal Parliament, located in Canberra, makes laws for the entire country. Six state parliaments and two territory parliaments make laws for their respective states or territories. Over 500 local councils make local laws (by-laws) for their specific regions or districts.
State parliaments gave local councils the task of looking after the particular needs of their local communities. Local councils decide on policies and make by-laws for their communities at council meetings. Councillors are elected, and these elected councillors make decisions on behalf of their communities. These decisions are then administered by the chief executive officer and other non-elected employees of the council.
Local governments receive part of their income in grants from federal, state, and territory executive governments. They also raise their own money from local taxes such as rates, sewerage and water charges, dog licences, and user fees for facilities such as sports centres and libraries.
In Victoria, for example, councils have the broad power to make local laws 'for or with respect to any act, matter or thing in respect of which the council has a function or power under this or any other Act' (Local Government Act 2020, section 71(1)). Councils utilise local laws to respond to issues and community needs within a local context. They typically deal with the protection of local amenity as well as regulating activities on council-controlled land and roads.
Local laws must comply with their community engagement policy and cannot be inconsistent with other legislation. They must be expressed clearly and unambiguously and cannot exceed the power to make the local law under the relevant authorising Act.
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The Role of the Prime Minister
Australia has three levels of government that work together to create laws for the nation: the federal Parliament, six state/territory parliaments, and over 500 local councils. The federal Parliament, located in Canberra, is responsible for making laws for the whole of Australia. The state and territory parliaments make laws for their respective states or territories, while the local councils create local laws or by-laws for their specific regions or districts.
The Prime Minister of Australia is the leader of the Australian Government and plays a crucial role in the legislative process. While the role of Prime Minister is not explicitly mentioned in the Australian Constitution, they are the most powerful person in the Australian Parliament. The Prime Minister is chosen by a vote of the members of the party in government and is typically the leader of the party or coalition that has the majority support in the House of Representatives. By convention, the Prime Minister is a member of the lower house, and their duties include representing their electorate in the Australian Parliament.
The Prime Minister has a range of responsibilities and powers. They chair meetings where the government discusses policies and examines bills, proposing new laws. They also advise the Governor-General on important matters, such as the appointment of ambassadors and constitutional issues. The Prime Minister selects members of the government to serve as ministers and plays a significant role in foreign policy-making as the chair of the National Security Committee. Additionally, they decide when to call a federal election and lead their party's campaign.
The Prime Minister's role extends beyond law-making and governance. They are responsible for general policy development across the government and intergovernmental communications. They also have a say in honours and symbols policy and Indigenous programmes. The Prime Minister has two official residences: the primary residence, known as The Lodge in Canberra, and a secondary residence in Sydney, called Kirribilli House. The Prime Minister's salary consists of a base salary received by all members of parliament, plus an additional 160% salary for the role of Prime Minister.
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The Australian Constitution
The second level of government consists of six state parliaments and two territory parliaments, which make laws for their respective states or territories. Each state, except Queensland, has a parliament consisting of two houses. The third level of government is comprised of over 500 local councils that make by-laws for their specific regions or districts.
The Constitution outlines the structure, roles, and powers of these different levels of government, including power-sharing arrangements between them. Notably, Section 109 states that in the event of conflicting laws passed by the federal and state parliaments on the same subject, the federal law takes precedence.
To amend the Australian Constitution, approval from the Australian people is required. A proposed change must first be approved by Parliament and then put to a referendum for the people to decide.
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Frequently asked questions
The Parliament of Australia, also known as the Federal Parliament, is the federal legislature of Australia. It consists of three elements: the monarch, the Senate, and the House of Representatives.
The monarch of Australia, currently King Charles, shares co-equally the law-making powers of the Commonwealth with the Senate and the House of Representatives. The monarch's power is exercised by the governor-general, who is appointed by the monarch as their representative. The governor-general's role is to provide royal assent, which is required for a bill to become an act and thus part of the law.
The Senate and the House of Representatives are the two houses of the Australian Parliament. All bills must be passed by both houses to become law. The Senate has the same legislative powers as the House, except in financial matters, where it can only pass or reject money bills.
Australia has three levels of government: the federal Parliament, state/territory parliaments, and local councils. The federal Parliament makes laws for the whole of Australia, while the state/territory parliaments make laws for their respective states or territories. In some cases, the federal and state parliaments share responsibilities. If the federal and state parliaments pass conflicting laws on the same subject, the federal law overrides the state law.
The cabinet, consisting of the prime minister and senior ministers, makes most of the important policy decisions of the government. Laws are frequently drafted according to the interests of the executive branch as the government often controls the legislative branch. All bills must be passed by both houses of parliament and assented to by the governor-general to become law.
