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A parliamentary democracy

Australia’s system of government is based on the liberal democratic tradition and guarantees religious tolerance and freedom of association. Its institutions and practices reflect British and North American models but are uniquely Australian.

The federal government is based on a popularly elected Parliament with two chambers, the House of Representatives and the Senate. The party or group of parties with a majority in the House of Representatives becomes the government, with ministers appointed from both chambers to serve in the Government Cabinet. The Prime Minister is not directly appointed by the people but by the party holding the balance of power in the House of Representatives.

Members of the House of Representatives must seek re-election each time there is a federal election. Senators are elected for a six-year term and in an ordinary general election only half the senators face the voters.

In all Australian parliaments questions can be asked without notice, and there is a strict alternation between government and opposition questions to ministers during Question Time. The rough and tumble of parliamentary Question Time and debates is broadcast and widely reported. This has helped to establish Australia’s reputation for robust public debate, and serves as an informal check on executive power.

Australia is an independent nation with Queen Elizabeth II of the United Kingdom as its constitutional monarch. The Queen appoints the Governor-General of Australia to represent her, on the advice of the elected Australian Government. The Governor-General appoints ministers on the advice of the Prime Minister and, by convention, acts only on the advice of ministers on virtually all matters.

Australia has a written Constitution. It sets out the functions of the Australian Government, such as foreign relations and trade, defence and immigration. States and territories are responsible for matters not assigned to the federal government. In practice the two levels of government cooperate in many areas. Income tax is levied federally, and debate between the levels of governments about access to revenue and duplication of expenditure functions is a perennial feature of Australian politics.

Did you know?

The Australian Constitution can be amended only with the approval of the electorate through a national referendum in which all adults on the electoral roll must participate. Any constitutional changes must be approved by a double majority—a national majority of electors as well as a majority of electors in a majority of the states and territories (at least four of the six). The double majority provision makes alterations to the Constitution difficult, and since Federation in 1901 only eight out of 44 proposals to amend the Constitution have been approved.

Elections

The maximum term for an Australian federal government is three years from the first meeting of a new Parliament. However, a Prime Minister can ask the Governor-General to call a general election before the three-year term has been served. Since the first Parliament opened on 9 May 1901 there have been 41 elections to the House of Representatives. The most recent federal election was held in October 2004.

Voting is compulsory in Australia. Although the fine for failing to vote is small, more than 90 per cent of voters cast a ballot. For federal election purposes the country is divided into electoral divisions. Australian voters choose among the candidates who are standing in their local division.

For elections to the House of Representatives, Australians must put a number against each candidate’s name in order of preference. If no candidate receives more than 50 per cent of first choices, the one receiving the fewest votes is excluded and the votes redistributed to other candidates according to the second preference marked on the ballot. This process continues until one candidate has more than 50 per cent of votes.

To help supporters order their preferences, political parties hand out ‘how to vote’ cards at polling booths. The preferences that flow from less popular candidates often decide who wins. Distributing preferences can take days or even weeks. Preferences are also used in the state-wide, multiple-seat electorates of the Senate.

As in other democracies, the cost of election campaigns and the source of funds for political activity are a concern. Since 1984, a system of public funding and disclosure for campaigns has been in place. Parties must receive at least 4 per cent of the vote in the elections to receive public funding administered by the Australian Electoral Commission.

Did you know?

Australia pioneered reforms that underpin the electoral practices of modern democracies. In 1855 Victoria introduced the secret ballot, which became known throughout the world as the Australian ballot. In 1856 South Australia eliminated professional and property qualifications and gave the vote to all men, and in 1892 gave women the vote. In the 1890s the colonies adopted the principle of one vote per person, stopping the practice of multiple voting.

The legal system

The Australian legal system is founded on the concepts of the rule of law and justice and equality before the law. In Australia’s common law system, principles such as procedural fairness, judicial precedent, prospective legislation and the separation of powers are fundamental.

In Australia each of the federal and state systems incorporates the three arms of government: legislative, executive and judicial. A state parliament may make laws on any subject of relevance to that state. However, within the powers defined by the Constitution, federal law may override state law.

The judiciary is separate from the legislative and executive arms of government. In interpreting and applying the law, judges act independently of governments. In the case of federal judges, their security of tenure is guaranteed by the Constitution. In the states and territories, legislation provides security of tenure for judges. The High Court of Australia is the final court of appeal on all matters, whether decided in federal or state jurisdictions, and the federal Parliament is empowered under the Constitution to invest state courts with federal jurisdiction.

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Last update May 2005