3.2 Government, Law, and Civic Duties

The Constitution and the System of Government

The Australian Constitution is the legal document that sets out the basic rules for Australia's system of government. It took effect on 1 January 1901, when the six colonies federated to form the Commonwealth of Australia. It established the Commonwealth Parliament, the High Court of Australia, and the framework for national government.

The Constitution divides government power so that no single person or group holds all of it — the separation of powers.

Changing the Constitution: the Referendum

The Constitution can be changed only by referendum — a national vote in which all eligible voters take part. To succeed, a referendum must achieve a double majority:

1. a national majority of voters across Australia (more than 50% of all votes), and
2. a majority of voters in a majority of states — that is, at least 4 of the 6 states.

Territory votes count toward the national majority but not toward the 'majority of states' count. The double majority is deliberately hard to meet, which is why most referendums fail — a common test fact.

Crown, Governor-General, and Prime Minister

Australia is a constitutional monarchy. The King of Australia is Head of State, but the role is limited by the Constitution and does not involve day-to-day government.

The Governor-General represents the Crown at the federal level. The Governor-General must remain politically neutral and has formal duties: giving Royal Assent to bills, approving appointments, starting the federal election process, performing ceremonial duties, and acting as Commander-in-Chief of the Australian Defence Force.

The Prime Minister is the leader of the Australian Government. After a federal election, government is formed by the party or coalition with a majority of seats in the House of Representatives, and that party's leader becomes Prime Minister. A frequent trap confuses these roles — the King and Governor-General do not run the government, and the Prime Minister is not the Head of State.

Parliament: House and Senate

The Australian Government — also called the Federal or Commonwealth Government — is made up of members of the federal Parliament, which has two houses.

Members and senators consider, debate, and vote on proposed laws. A proposed law is called a bill. If both houses agree to a bill, it goes to the Governor-General for Royal Assent, and then becomes law.

Three Levels of Government

Australia has federal, state/territory, and local government. Responsibilities sometimes overlap, but each level usually delivers different services.

When a question asks which level delivers a service, use the scale of the issue: national matters are federal, regional public services are state/territory, and neighbourhood services are local.

Courts, Police, and Juries

Courts in Australia are independent of government. A court decides whether a person has broken the law and sets penalties based only on the evidence before it. Police maintain peace and order, protect life and property, and may arrest people they believe have broken the law — but police do not decide guilt. Police can give evidence in court; the court decides whether a person is guilty.

A jury is a group of ordinary citizens chosen from the general population. In some criminal cases a jury decides whether the accused is guilty or not guilty, while the judge explains the law and decides the penalty if there is a guilty finding. Serving on a jury when called is one of a citizen's legal duties.

Civic Duties to Remember

At the citizenship ceremony, new citizens make the Australian Citizenship Pledge to uphold and obey Australia's laws. Civic responsibilities show how citizens participate in and support the country:

• Obey Australian laws — the most basic responsibility of every person in Australia.
• Enrol and vote in federal, state, and territory elections and referenda when required.
• Serve on a jury if called to do so.
• Defend Australia should the need arise.
• Pay tax according to law, which funds services such as healthcare, education, defence, transport, and social security.

Voting Rules to Memorise

A classic trap presents voting as optional 'because it is a right'. On the test, voting in federal, state, and territory elections is both a right and a compulsory responsibility. Treat enrolling, voting when required, serving on a jury, and obeying the law as the core duties tied to the pledge.