Australia, Government of. Australia is a federation of six states and several territories. The territories consist of two self-governing mainland territories, one small internal territory, and seven additional external territories. The six states, each with its own government, are New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. The two self-governing mainland territories are the Australian Capital Territory (ACT) and the Northern Territory. Jervis Bay Territory lies on an inlet on the coast of New South Wales. Australia has governments at federal, state, and territory level. Each state and the two principal mainland territories are represented in the federal Parliament.
From the beginning of European settlement in 1788, the colonies that make up modern Australia were ruled by the United Kingdom. In 1901, the Australian Constitution established the federal government of Australia. Today, Australia is an independent country. The British monarch serves as the head of state. A governor general represents the monarch at the federal level. A state governor does so in each state. Australia’s official title is Commonwealth of Australia.
The prime minister
The head of government is the prime minister. The governor general appoints as prime minister the leader of the majority party in the House of Representatives. If no party has a majority, the leader of a coalition (combination) of parties becomes prime minister. Most parliamentary parties elect their leaders by a ballot of their members of Parliament, though some parties allow all party members to vote. Prime ministers remain in office as long as their party has a majority in the House. As long as their party controls the lower house of the Parliament, they hold office until they retire, are replaced as party leader, or leave office for any other reason. The governor general acts on the advice of the prime minister, who takes sole responsibility for major matters, including advising the governor general when to dissolve Parliament.
One of the prime minister’s chief duties is to lead the federal Cabinet, a group of senior ministers. The prime minister plays a leading part in formulating general policy. He or she also acts as chief spokesperson of the government, both in Parliament and before the public.
The prime minister’s official residence in the national capital, Canberra, is called The Lodge. The prime minister also receives a salary in addition to the salary that members of Parliament get.
The federal Cabinet
The federal Cabinet is a group of government ministers who handle most of the policymaking in Australia. The department heads are called ministers. The implementation of government policy and programs is the personal responsibility of ministers. The heads of the major government departments and the prime minister make up the Cabinet. The Cabinet plays a leading role in parliamentary debates. It also leads in passing bills through the House and the Senate. The Cabinet or a Cabinet committee makes major decisions on government policy and programs. Cabinet members are responsible collectively for these decisions. A minister is expected to resign if he or she is unable to support them.
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At the federal level, the Cabinet is sometimes referred to as the inner ministry. An outer ministry, consisting of junior ministers, assists the Cabinet.
Officials known as secretaries administer the government departments. Most of the secretaries are professional administrators. Secretaries of departments serve as the chief official advisers of ministers. They must carry out the policies set by the ministers.
The Cabinet usually establishes a number of standing committees to deal with a variety of matters. For example, standing committees deal with spending proposals, the legislative program, and national security. To deal with other matters, the Cabinet may establish temporary or special committees for a limited period and with a particular focus.
Because there are no fixed guidelines for the Cabinet, it can conduct its business with flexibility, confidentiality, and informality. It concerns itself with policy rather than with the form of actions and legal documents. Cabinet decisions do not have legal force, however, until they are put into legal form. The legal form may be an act passed by Parliament. It may be an Order in Council (decree issued by the governor general). Or it may be a regulation requiring the assent (approval) of the governor general in the Federal Executive Council. The council is a group of ministers who advise the governor general.
In appointing the ministers who make up the federal Cabinet, the governor general follows the advice of the prime minister. The Australian Labor Party normally elects prospective ministers at a party meeting. The party then leaves it to the prime minister to distribute portfolios (ministerial titles) and responsibilities to each of the individuals elected. Other parties that have formed governments, such as the Liberal Party of Australia, have given their leaders free choice in selecting ministers. It is normal for both houses of Parliament and every state to be represented in a ministry. Ministers leave office if the prime minister resigns, or when they resign, or when the governor general revokes their appointments.
The governor general
The reigning monarch of the United Kingdom is the symbolic head of the federal and state governments. However, the British monarch has little power in Australia. A governor general represents the monarch in the federal government. The monarch appoints the governor general after consultation with the prime minister of Australia. The monarch may express an opinion. But he or she must accept the prime minister’s advice on appointing a particular person as governor general. In the past, most governors general were distinguished people from the United Kingdom. Since the mid-1960’s, all governors general have been Australian.
The governor general embodies the executive power of the federal government—that is, the power of putting laws into effect. The governor general’s functions in Australia resemble those of the monarch in the United Kingdom. He or she has the power to summon, prorogue (discontinue without dissolving), and dissolve the federal Parliament. The governor general is the commander in chief of the armed forces. In addition, the governor general formally appoints the prime minister and other ministers, and can also dismiss them.
The governor general usually acts on the prime minister’s advice. However, the governor general can act without the advice of the prime minister in times of political uncertainty. There are some occasions when the governor general may have to make a personal decision. For example, the governor general may need to decide which party leader to ask to form a government, if no party commands a clear majority in Parliament. Such a situation may occur as a result of a party split or as a result of an indecisive election. The governor general might refuse a prime minister’s request to dissolve Parliament shortly after a general election.
The federal Parliament
The federal Parliament is a lawmaking body that consists of the monarch—represented by the governor general—an elected House of Representatives, and an elected Senate.
The House of Representatives
is called the lower house. That is, the House is the branch of Parliament that more directly represents the people. General elections to the House are held every three years unless Parliament is dissolved before its three-year term is over. Members are elected to single-member constituencies (voting districts) by a preferential voting system. Under the preferential system, the voter indicates the order in which he or she prefers the candidates. To be elected, a candidate must receive at least 50 percent and 1 extra of the valid votes. If no candidate reaches the required number of first-choice votes on the first count, the candidate receiving the fewest first-choice votes is eliminated. His or her votes are redistributed among the remaining candidates according to the order of the preferences shown on the ballot paper. This process continues until one candidate has secured a majority of the valid votes. If a member dies or resigns from office, the voters elect a new member at a by-election, a special election to fill an empty seat.
The House has 151 members. Membership in the House is divided among the states and mainland territories according to population. The Constitution also provides that none of the original six states—New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia—should have fewer than five members.
The Constitution further provides that the total number of members of the House should number about twice the total number of senators. Three members of the House are from the ACT, and two are from the Northern Territory. Since 1974, these two territories have had full voting rights. Senators for the ACT and Northern Territory are not counted when calculating the required proportion between the Senate and the House.
The Senate
is the upper house. In principle, the Senate was intended to represent the states, and each of the original six states is represented by the same number of senators. Within each state, parties win a number of seats proportional to their share of the total votes cast in the election. This electoral system is a form of proportional representation. The party divisions in the Senate are similar to those in the House. However, because of the proportional electoral system, it is more common for smaller parties to win representation in the Senate, and it is rare for a single party or coalition of parties to win an overall majority. Elections to the Senate are held every three years, normally at the same time as general elections to the House.
The Senate has 76 members. Only half of the state-based seats in the Senate are filled at each election. Voters of each state elect six senators for a term of six years. At the next election, they elect another six. If a senator resigns or dies, the Parliament of his or her state nominates a successor from the senator’s own party. The Australian Capital Territory (ACT) and the Northern Territory have been represented in the Senate since 1975. Each elects two senators for a three-year term at each House election.
Statutory authorities
are government agencies created by Acts of Parliament. They are not under the direct day-to-day control of ministers. However, they are subject to direction or advice from the ministers concerning general policy. Many statutory authorities have a large degree of independence from government departments. A familiar statutory authority is the Australian Communications and Media Authority, which regulates telecommunications. Another is the Australian Taxation Office, the national tax-collecting body.
Elections.
The right to vote in federal and state elections is restricted to all Australian citizens over the age of 18. Certain groups of people, such as those with mental incapacity or people serving long prison sentences, are not allowed to vote. British citizens who enrolled as electors in Australia before January 1984 remain eligible voters. All eligible voters are required to register as electors and to vote. Those who do not vote may be fined. Voting takes place by secret ballot.
Any citizen who is eligible to vote is also eligible to run for office. However, citizens with dual nationality cannot become members of the federal Parliament. Candidates may be independents (members not belonging to a specific political party). Most candidates, however, belong to a political party. The party gives its own candidates its endorsement and support. Parties receive some public funding to support their campaigns. The number of votes a party receives determines how much support it gets from public funds.
The period between one general election and the next is called a parliament. This use of the word is misleading because general elections affect only the House and half the Senate. A parliament is usually divided into sessions, but the law does not require this division. Sessions vary greatly in length. Both houses must sit (be in session) at least once a year. As a rule, the House sits from 15 to 30 weeks a year, in three main periods. These periods extend from February to March, from May to June, and from August to December. The Senate sits at roughly the same times as the House and often sits for slightly longer.
Powers of Parliament.
In general, the two houses of Parliament have similar powers. Either house can introduce legislation, express opinions, or carry resolutions on any subject. Both houses must give their assent to a bill before it becomes law. But the power of the Senate is not as great as that of the lower house. Money bills (bills authorizing taxation and expenditure) must be introduced in the House. The Senate may reject, but not amend, money bills. It may suggest amendments, however.
If the majority party or ruling coalition in the House lacks a majority in the Senate, then the Senate may try to block legislation passed by the lower house. If the Senate persists in its blockage, the governor general may call a double dissolution, in which both houses are dissolved and new elections are held. If the deadlock continues after the subsequent elections, the houses hold a joint sitting to decide the issue. In practice, the Senate’s main work is revising rather than initiating legislation.
The monarch or governor general takes part in meetings of Parliament only at the opening of a session. The governor general reads a speech written by the prime minister. The speech sets out the general policy of the government for that session.
The only way in which the monarch actually takes part in the work of Parliament is by assenting to bills that both houses have passed. The bills then become acts, also called statutes. Bills that have been enacted form part of the law of the country. The monarch or governor general always assents to bills, if advised to do so by the prime minister.
Division of powers
The federal government exercises its constitutional power through Parliament. The Constitution specifies that the federal Parliament has power to make laws on particular topics. These topics include overseas and interstate trade and commerce, taxation, defense, and external affairs. Parliament also has power to enact laws affecting business, including telephone and postal services, trading, and financial corporations. It has general control over public finance, tariffs, and aspects of commercial law that relate to bankruptcy, and checks and money orders. Parliament also controls patents, designs, trademarks, and copyrights. It has indirect powers in the areas of wages. The federal Parliament also has plenary (complete and unqualified) power in relation to the federal territories and Commonwealth places.
Each state government has the power to pass laws on almost any matter relevant to that state. Some of the powers of the federal government are exclusive—that is, only the federal government possesses them. Other federal powers are concurrent—that is, possessed by both the federal and the state governments. However, the Constitution provides that if a federal law conflicts with a state law, the federal law prevails, but only over the specific area of conflict.
The framers of the Constitution expected the federal and state governments to operate in largely independent areas, without much direct contact with each other. But the power of the federal government has increased for several reasons. Because the federal Parliament can impose forms of taxation that the states cannot (or choose not to), it quickly gained financial power over the states. Australia’s federal government collects about 80 percent of all of the nation’s taxes. Each state receives a share of the federal tax income. The states depend on such federal grants for part of their annual income. This financial power has allowed the federal government to become involved in such matters as education that, strictly speaking, are the responsibility of the states. The federal government also gained much influence in deciding the size and distribution of government loans. Its power to arbitrate (act as a judge) in industrial disputes has developed into a power to decide indirectly the basic wage standards for the whole country. In times of national emergency, as in war, the federal government can control nearly every feature of national life.
Powers held by the states are called residual powers—that is, they are not held by the federal government and are not concurrent powers. Even in their residual powers, the states could find federal actions overriding their powers. But generally, the states have powers in some important social areas that are little affected by federal activities. These areas include the basic civil law, which deals with the rights and obligations people have in their relations with one another. Civil law includes such matters as contracts, property, and civil wrongs, such as liability in vehicle accidents. The states control trade and commerce, except for aspects of commercial law regulated by the federal government. The states control the general criminal law. They also have responsibility for urban planning, prevention of pollution, most forms of health services, and primary and secondary education. College and university education is primarily funded by the federal government, so even though education is a residual states power, in practice it has become a federal responsibility. Police and legal services, road maintenance, the regulation of most industrial and agricultural production, and the regulations of trade and professions also come under state control.
State and territory governments
Five of the six state parliaments consist of two houses. Queensland abolished its upper house in 1922. It has a single-chambered parliament called the Legislative Assembly. The upper house in each state is called the Legislative Council. The lower house in New South Wales, Victoria, and Western Australia is called the Legislative Assembly. In South Australia and Tasmania, the lower house is known as the House of Assembly. The Northern Territory and the ACT, like Queensland, each have a single-chamber parliament called the Legislative Assembly. In 1973, South Australia adopted a proportional voting system that uses the whole state as a single electorate for the election of its Legislative Council. New South Wales also adopted this system, phasing it in from 1978 to 1984, for its Legislative Council elections. Victoria, Western Australia, and Tasmania elect their Legislative Councils from multimember constituencies (voting districts within a state) using proportional representation. Tasmania elects its House of Assembly using a system of proportional representation in multimember constituencies. The lower houses of New South Wales, South Australia, Victoria, and Western Australia—and the Legislative Assemblies in Queensland and the Northern Territory—are elected from single-member constituencies by preferential voting. The Tasmanian Legislative Council also uses single-member constituencies, but holds elections for only two or three members of the Council at a time over the course of a three-year cycle. A form of proportional representation is used to elect the Legislative Assembly in the ACT.
A governor, who represents the monarch, is the formal head of each state government. The monarch appoints state governors, on the advice of the state premier. The governor’s role corresponds with that of the governor general at the Commonwealth level. At a referendum in 1998, the electors of the Northern Territory rejected a proposal that it become a state. The region remains a self-governing territory. It has a territorial administrator appointed by the federal government. In the ACT, there is no equivalent to the state governors. Actual power in the states and self-governing territories is in the hands of ministers in the Cabinet. A premier (or, in the territories, a chief minister) leads the ministers. They, like their counterparts in the federal government, are chosen from the majority party or coalition in the lower house of their parliament.
Local government
Vast areas of outback Australia are too thinly populated to have local government institutions. There are community councils for small Aboriginal groups in the sparsely populated interior areas of the Northern Territory. Victoria, Tasmania, and the more densely settled areas of the other states are divided into local government areas.
In May 1989, self-government was established in the ACT. The ACT government is responsible for both state and local government functions and has its own parliament.
The local authorities have power to make local laws called bylaws. They also have power to carry on administrative services in relation to a wide range of matters of local concern. The main functions of local government are street building and maintenance; public works; regulation of building standards; public health and prevention of nuisances; and garbage collection. They also handle local cultural activities; and the local aspects of town and country planning.
Political parties
Australia has two main political parties—the Australian Labor Party (ALP) and the Liberal Party of Australia. The Nationals and the Australian Greens are smaller parties that regularly win seats in federal and state parliaments. The ALP promotes government action in economic and social affairs, especially to improve working conditions. Many ALP members belong to labor unions. The Liberal Party favors the free enterprise system with little government interference. Many merchants and business executives support the Liberals. The Nationals represent the interests of farmers and other rural Australians. In Parliament, the Liberal Party and the Nationals often form a coalition in opposition to the ALP. The Greens favor protection of the environment and progressive social policies.
