The Australian Constitution

The Australian Constitution is the founding document of the Commonwealth of Australia. It came into effect on 1 January 1901 and established the framework for Australia's federal system of government. The Constitution:

Created the Commonwealth of Australia (the federal government)
Established the Australian Parliament, consisting of the King, the Senate, and the House of Representatives
Defined the powers of the federal government and left residual powers with the states
Created the High Court of Australia
Can only be changed by a referendum (approved by a majority of voters nationwide and a majority of states)

The Three Levels of Government

Federal Government (Commonwealth)

Responsible for national matters: defence, foreign affairs, trade, immigration, taxation, social security, telecommunications, and postal services. Located in Canberra, ACT.

Leader: Prime Minister
Head of state: King Charles III (represented by the Governor-General)
Parliament: Two houses — House of Representatives (lower house) and Senate (upper house)

State and Territory Governments

Responsible for matters not covered by the federal government: hospitals, schools, police, roads, public transport, and housing.

Six states: New South Wales (NSW), Victoria (VIC), Queensland (QLD), Western Australia (WA), South Australia (SA), Tasmania (TAS)
Two mainland territories: Australian Capital Territory (ACT), Northern Territory (NT)
Each state has its own constitution, parliament, and premier
The King is represented in each state by a Governor

Local Government (Councils)

Responsible for local services: rubbish collection, parks, local roads, libraries, pet registration, and town planning. Councils are established by state governments.

The Separation of Powers

Australia's system of government is based on the separation of powers into three branches:

Legislative (Parliament): Makes laws — the House of Representatives and the Senate
Executive (Government): Implements and administers laws — the Prime Minister, Cabinet, and government departments
Judicial (Courts): Interprets and applies laws — the High Court and other federal courts

This separation ensures no single branch has absolute power and that each branch provides a check on the others.

The Parliament

House of Representatives

Also called the "lower house" or "people's house"
Members represent specific electorates (electoral divisions)
Each electorate has roughly the same number of voters
The party (or coalition) with the majority of seats forms the government
The leader of that party becomes the Prime Minister
Federal elections must be held at least every 3 years

Senate

Also called the "upper house" or "states' house"
Each state elects 12 senators, each territory elects 2
Senators serve 6-year terms
The Senate reviews and revises legislation passed by the House of Representatives

Voting in Australia

Voting is compulsory for all Australian citizens aged 18 and over
You must enrol to vote (it is an offence not to enrol)
Australia uses preferential voting for the House of Representatives and single transferable vote for the Senate
Failure to vote in an election may result in a fine

The Rule of Law

The rule of law is a fundamental principle of Australian democracy. It means:

Everyone is equally subject to the law
No one is above the law, including the government and its officials
Laws must be applied consistently and fairly
Decisions must be made according to established legal processes

The Australian Legal System

Australia has a common law legal system inherited from Britain. Key features include:

The High Court is the highest court in Australia and interprets the Constitution
Juries are used in serious criminal cases to decide guilt or innocence
People are presumed innocent until proven guilty
Everyone has the right to a fair trial
Legal representation is available, and Legal Aid may be provided for those who cannot afford a lawyer