3.2 Government, Law, and Civic Duties
Key Takeaways
- The Australian Constitution sets the basic rules for government, creates the federal Parliament, and recognises legislative, executive, and judicial powers.
- Australia is a constitutional monarchy: the King of Australia is Head of State, the Governor-General represents the Crown federally, and the Prime Minister leads the Australian Government.
- The federal Parliament has two houses: the House of Representatives represents the people, and the Senate represents the states and territories and reviews laws.
- Federal, state and territory, and local governments provide different services, although some responsibilities overlap.
- Citizenship responsibilities include obeying Australian laws, voting when required, serving on a jury if called, defending Australia if needed, and paying tax according to law.
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 established the Commonwealth Parliament, the High Court of Australia, and the framework for national government.
The Constitution also divides government power so one person or group does not hold all power.
| Power | Main role | Test example |
|---|---|---|
| Legislative power | Makes and changes laws | Parliament debates and votes on bills |
| Executive power | Puts laws into practice | The Prime Minister, Cabinet, ministers, and Governor-General administer government |
| Judicial power | Interprets and applies laws | Courts and judges decide legal cases independently |
The Constitution can be changed only by referendum. A change needs a double majority: a national majority of voters and a majority of voters in a majority of states.
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 neutral and has formal duties, including 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 generally formed by the party or coalition with a majority in the House of Representatives, and that party's leader becomes Prime Minister.
Parliament: House and Senate
The Australian Government is also called the Federal Government or Commonwealth Government. It is made up of members of the Australian Parliament, which has two houses.
| House | Other names | Main test idea |
|---|---|---|
| House of Representatives | Lower House; People's House | Members represent electorates based on population; government is generally formed here |
| Senate | Upper House; House of Review; States' House | Senators represent states and territories; states have equal representation |
Members of Parliament 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 becomes law.
Three Levels of Government
Australia has federal, state and territory, and local government. Some responsibilities overlap, but each level usually provides different services.
| Level | Common responsibilities |
|---|---|
| Australian Government | Taxation, national economic management, immigration and citizenship, social security, defence, trade, airports, air safety, foreign affairs |
| State and territory governments | Hospitals, health services, schools, roads and railways, police, ambulance services, public transport |
| Local governments | Local roads, footpaths, street signs, rubbish collection, parks, pools, libraries, building permits, local environmental issues |
A test question may ask which level handles a service. Use the scale of the issue: national matters are usually federal, regional public services are usually state or territory, and neighbourhood services are usually local.
Courts, Police, and Juries
Courts in Australia are independent. Courts decide whether a person has broken the law and decide penalties based on the evidence before them.
Police maintain peace and order, protect life and property, and may arrest people they believe have broken the law. Police can give evidence in court, but courts decide whether a person is guilty.
A jury is a group of ordinary citizens selected from the general population. In some cases, a jury decides whether a person is innocent or guilty, while the judge explains the law and decides the penalty if there is a guilty finding.
Civic Duties to Remember
At citizenship, you pledge to uphold and obey Australia's laws. Civic duties show how citizens participate in and support the country.
Key duties include:
- Obey Australian laws.
- Enrol and vote in federal, state or 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 helps fund services such as healthcare, education, defence, transport, and social security.
Voting is both a right and a responsibility for Australian citizens aged 18 years or over. It is compulsory in federal, state, and territory elections and referenda, and it may not be compulsory in some local government elections.
A bill has been debated and approved by both the House of Representatives and the Senate. What is the next step for it to become Australian law?
Which example best matches a local government responsibility?
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