Government and the Law

The Australian Constitution is the supreme legal document that sets out the basic rules for the government of Australia. It came into effect on 1 January 1901, at Federation.

The Constitution establishes the federal parliament and outlines its powers. It also guarantees certain basic rights, such as the right to a trial by jury and freedom of religion.

The Constitution is not easily changed. It can only be altered through a special national vote called a referendum.

In a referendum, all voters are asked a "yes" or "no" question about a proposed change to the Constitution.

For the change to be approved, it must achieve a double majority. This means that a majority of voters nationally must vote "yes", AND a majority of voters in a majority of states (at least four of the six states) must also vote "yes".

To ensure that no single group has too much control, the power of the Australian government is divided into three separate branches. This is known as the separation of powers:

- **Legislative Power (Parliament):** The power to make and change laws. This is held by the Australian Parliament.
- **Executive Power (Government):** The power to put laws into practice. This is held by the Prime Minister and government ministers.
- **Judicial Power (Courts):** The power to interpret and apply the law. This is held by judges and courts, who operate independently of the parliament and the government.

Australia is a constitutional monarchy. This means that our Head of State is the British Monarch (the King or Queen of Australia).

Because the Monarch does not live in Australia, they appoint a Governor-General to act as their representative on the advice of the Australian Prime Minister.

The Governor-General performs various constitutional and ceremonial duties, such as signing bills into law (Royal Assent), calling elections, and appointing ministers.

The Australian Parliament is located in Canberra and consists of two houses:

- **The House of Representatives (Lower House):** Members are elected to represent local areas called electorates. The political party (or coalition) with the most members in this house forms the Australian Government, and its leader becomes the Prime Minister.
- **The Senate (Upper House):** Senators are elected to represent their state or territory. Each state has 12 senators, and each mainland territory has two.

Australia has three levels of government working together to provide services:

- **Federal Government:** Makes laws for all of Australia. Responsibilities include defence, immigration, foreign affairs, trade, and taxation.
- **State and Territory Governments:** Make laws for their specific state or territory. Responsibilities include hospitals, schools, police, and public transport.
- **Local Government (Councils):** Make local laws and manage community issues. Responsibilities include rubbish collection, local roads, parks, and libraries.

A proposal for a new law is called a Bill.

For a Bill to become a law, it must be debated and passed by both houses of parliament (the House of Representatives and the Senate).

Once both houses agree on the Bill, it is sent to the Governor-General. The Governor-General signs the Bill, giving it Royal Assent. Only then does the Bill become an official Act of Parliament (a law).

The police and the courts play different roles in maintaining the rule of law.

- **The Police:** Responsible for keeping peace, preventing crime, and arresting those who break the law. The police do not punish people; they only bring suspects before the courts.
- **The Courts:** Responsible for deciding if a person is guilty or innocent based on evidence, and determining the appropriate punishment if they are guilty.

The highest court in Australia is the High Court of Australia. It has the final say in interpreting the Constitution and hearing appeals from other courts.

Voting is a fundamental right and responsibility in Australia.

It is compulsory for all Australian citizens aged 18 years and over to enrol and vote in federal, state, and territory elections. If you do not vote without a valid reason, you may be fined.

Voting is conducted by secret ballot. This means that you vote privately in a booth, and no one can see who you voted for or force you to reveal your choice. This ensures elections are free and fair.