Australian citizenship test · Our Common Bond chapter 3 · 8 min read

Voting and the electoral commission, federation and the Constitution, the separation of powers, the Head of State and Governor-General, parliament, the three levels of government, how laws are made and enforced. Study notes for the Australian citizenship test.

Why this chapter matters

The pledge includes a promise to uphold and obey Australia's laws, so the test checks that you understand how the country is governed and how laws are made and enforced. This is the most detailed part of the booklet, with titles, numbers and lists of who does what. Learn the leaders' titles, the numbers in parliament and which level of government provides which service.

Having your say

• Citizens aged 18 or over must enrol and vote in federal, state and territory elections and in referendums. If you are not correctly enrolled, you cannot vote.
• Voting is compulsory. Not voting without a good reason can lead to a fine.
• Voting is by secret ballot: no one may know how you voted unless you tell them.
• The Australian Electoral Commission (AEC) runs federal elections and referendums and keeps the Commonwealth electoral roll. It is independent: parties and people in government cannot influence it.
• You can contact your elected representative about government policy, and they should consider what you suggest.

Federation and the Constitution

Before 1901 there were six separate British colonies, each with its own laws. Trade and transport between them was slow and costly, enforcing the law across borders was hard and defence was weak. A national identity was also growing, so people wanted one nation.

• The Constitution began as part of an Act passed by the British Parliament in 1900.
• It came into effect on 1 January 1901, when the colonies became the Commonwealth of Australia.
• It set up the Parliament (House of Representatives and Senate) and the High Court, which has the final power to apply and interpret Australia's laws.
• It can be changed only by a referendum with a double majority: a majority of voters across the nation and a majority of voters in a majority of states.
• In the 1967 referendum, more than 90 per cent voted 'Yes' so that Aboriginal peoples would be included in the Census.

How power is controlled

The Constitution divides government power three ways so that no one person or group holds all of it.

Head of State and Governor-General

• Australia is a constitutional monarchy. The King of Australia is Head of State but must act under the Constitution and has no day-to-day role in government.
• The King appoints the Governor-General as his representative, on the advice of the Prime Minister. In each state a Governor plays a similar role.
• The Governor-General stands outside the government and must remain politically neutral. The role includes signing Bills into law (Royal Assent), ceremonial duties, approving the appointment of the government, ministers, federal judges and officials, starting the process for a federal election, and acting as Commander-in-Chief of the Defence Force. There are also reserve powers, used only in specific circumstances.
• The Prime Minister leads the Australian Government.

Who is who

The Australian Parliament

The Australian Government is also called the Federal or Commonwealth Government.

Both Houses consider, debate and vote on proposed laws and discuss matters of national importance.

Forming a government

• After a federal election, the party or coalition with a majority in the House of Representatives forms government, and its leader becomes Prime Minister.
• The party or coalition with the second largest number of members forms the Opposition, led by the Leader of the Opposition.
• The Prime Minister recommends MPs or senators as ministers, and the Governor-General approves the appointments. Each minister has an area called a portfolio, such as the Treasury. Ministers with the most important portfolios form the Cabinet, the key decision-making body.
• A political party is a group with shared ideas about government. The main parties are the Liberal Party of Australia, the Australian Labor Party, the Nationals and the Australian Greens. Members who belong to no party are independents.

Three levels of government

States have parliaments and constitutions of their own and rights recognised by the Australian Constitution. The Australian Government can change or cancel laws made by a self-governing territory. Local government areas, known as cities, shires, towns or municipalities, cover the states and the Northern Territory, and each has its own council.

How laws are made

1. A member of parliament proposes a new or changed law, called a Bill.
2. Both Houses debate and vote on it.
3. If a majority in each House agrees, it goes to the Governor-General, who signs it: Royal Assent. It is now law.

State and territory parliaments make their laws in a similar way.

How laws are enforced

• Courts are independent and decide on the evidence whether a person has broken the law and what the penalty is.
• Judges and magistrates are appointed by the government, but the government cannot remove them because it dislikes their decisions.
• People are innocent until found guilty, and everyone may have a lawyer.
• A jury of ordinary citizens, chosen at random, decides guilt in some cases. The judge explains the law and, in a criminal trial, decides the penalty.
• Police keep the peace and protect life and property, and are independent of the government. Each state and the Northern Territory has its own force. The Australian Federal Police (AFP) investigates federal crimes such as drug trafficking and crimes against national security or the environment, and does general policing in the ACT.
• Bribing the police is a serious crime, and even offering a bribe is a crime.

Laws to know

• Not knowing the law is no excuse.
• Serious crimes include murder, assault and sexual assault, armed robbery and theft, violence against people or property, fraud, dangerous driving, possession of illegal drugs, and sexual relations with anyone under the age of consent.
• Domestic and family violence, including threats and controlling behaviour as well as hitting, is a serious crime. Anyone in danger should contact the police.
• Traffic rules are set by state and territory governments. You need a local licence and a registered car; everyone must wear a seatbelt, and young children need an approved car seat. Driving after drugs or over the alcohol limit, and using a hand-held mobile device while driving, are illegal.

Check yourself

1. What is a double majority?
2. Name the three powers of government and who holds each.
3. How many senators does each state elect, and how many are there in total?
4. Who gives Royal Assent?
5. Which level of government runs hospitals, and which collects rubbish?