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
The Australian Parliament at a Glance
Detailed knowledge of Parliament's structure appears in the test more often than you might expect. The federal Parliament has two houses: the House of Representatives with 151 members, each representing an electorate, and the Senate with 76 senators — 12 from each state and 2 each from the Australian Capital Territory and the Northern Territory. The Prime Minister is the leader of the party (or coalition) that holds a majority in the House of Representatives.
Voting in federal elections is compulsory for Australian citizens aged 18 and over, and elections must be held at least every three years for the House of Representatives. Senators serve six-year terms, with half the Senate elected every three years. Remember that state and local governments are separate from the federal Parliament — the three levels each have their own responsibilities, which is a favourite topic for test questions.
How the Constitution Changes: Referendums
The Australian Constitution can only be changed by a referendum under section 128, and that requires a double majority: a majority of voters nationwide, and a majority of voters in a majority of states (at least four of six). This high bar means most referendums fail — only 8 of more than 40 have ever succeeded. Recent examples include the 1999 proposal to become a republic and the 2023 referendum on an Indigenous Voice to Parliament, both of which were defeated.
Why does this matter for the test? Questions often check that you understand the difference between changing a law and changing the Constitution, and that you know Parliament cannot simply rewrite the Constitution by itself. Understanding the double-majority rule is one of the most reliable marks on the government and law section.