Government and the Law in Australia Flashcards
At the citizenship ceremony, you pledge to
uphold and obey the laws of Australia
How do you have your say in running the country
Voting and raising matters with your representatives
Citizens aged 18 years or over must enrol to vote it _, _ and _
Federal, state and territory elections and referenda on constitutional change
Citizens aged 18 years or over must enrol to vote it _, _ and _
Federal, state and territory elections and referenda on constitutional change
What does AEC stand for and what do they do
Australian Electoral Commission
Commonwealth agency responsible for conducting federal elections and referendums, and maintaining the Commonwealth electoral roll
Independent from the government. Political parties or people in government cannot influence the AEC
On what date were the colonies united into a federation of states called Commonwealth of Australia
1 January 1901
Each colony had its own _ and _
Constitution and laws
What is the Commonwealth of Australia Constitution Act 1900 (Australian Constitution)
Legal document that sets out basic rules for government in Australia
In what year was the Australian Constitution originally passed and on what date did it come into effect
Passed in 1900 as part of a British Act of Parliament
Came into effect on 1 January 1901
Making Australia an independent nation
What document established Parliament, consisting of a House of Representatives and a Senate, and also the High Court of Australia
Australian Constitution
How much of a majority is required on a referendum vote to change the constitution
Double majority vote, meaning the majority of voters in the majority of states AND the majority of voters across the nation
How is the power of government controlled (types of power)
Legislative power, executive power, judicial power
What is the legislative power
The power to make laws
Parliament has legislative power
What is executive power
The power to put laws into practice
The prime minister, Australian government ministers and the Governor General have this power.
What is judicial power
The power to interpret and apply the law
Courts and judges are independent of parliament and government
Who is Australia’s Head of State
Her Majesty Queen Elizabeth II
Who does the Queen appoint as her representative in Australia
The Governor-General, from advice from the Australian Prime Minister
The Governor-General acts independently of all political parties
In each state, there is a governor who represents the Queen in a role similar to the Governor-General
Who does the Queen appoint as her representative in Australia
The Governor-General, from advice from the Australian Prime Minister
What is a constitutional monarchy
The Queen is Australia’s Head of State, but has to act in accordance with the constitution
The Queen’s powers are delegated to the Governor-General in Australia
Australia is a constitutional monarchy
Who is the leader of the Australian government (like the president)
Prime Minister
What is the Governor-General’s role and responsibilities
- Remain politically neutral
- Sign bills passed by the Australian Parliament into law (this is called a Royal Assent)
- Ceremonial duties
- Approve appointment of Australian ministers, federal judges and other officials
- Start the process for federal elections
- Commander-In-Chief of the Australian Defense Force
- Use ‘reserve powers’ in specific special circumstances
What is the head of state
Queen of Australia (the Queen)
What is the Governor-General
Representative of the Queen / head of state
What is a Governor
Representative of the Queen / head of state in each Australian state
What is the Prime Minister
Leader of the Australian government
What is a Premier
Leader of each state
What is a Chief Minister
Leader of each territory
What is a Government Minister
Appointed member of Parliament who is responsible for an area of government
What is a Member of Parliament (MP)
Elected representative in the Australian Parliament (national) or a state parliament
What is a Senator
Elected representative of a state or territory in the Australian Parliament (national)
What is a Major / Shire President
Leader of local government
What is a Councillor
Elected member of a local council
What are other names for the Australian government (2)
Federal government or Commonwealth government
What are the two houses of Parliament (national)
House of Representatives and the Senate
Both are elected officials
What color is the floor in the House of Representatives
Green
think Green House
What color is the floor in the Senate
Red
think Satan Senate - red
What are other names for the House of Representatives (2)
Lower House or the People’s House
Where do Members of Parliament (MPs) represent the people
In the electorate
What is the number of Members of Parliament (MPs) for each state and territory based on
The number of people in that state or territory
How many Members of Parliament (MPs) are there in Australia overall
150
What do Members of Parliament (MPs) debate
Proposals for new laws or changes to laws
What are other names for the Senate
Upper House, the House of Review or the State’s House
All states are equally represented by the _, regardless of their population or size
Senate
How many Senators are there in Australia overall
76
How many Senators are in each state
12
How many Senators are in each territory
2
What do Senators debate
Proposals for new laws or changes to laws
Where are state and territory governments based
In their capital cities
Each state has their own _ and _
Parliament and constitution
In the NT, the Governor-General appoints a _ to represent them
Administrator
_ have rights recognized by the Australian Constitution, while _ do not
States do, territories do not
_ have the power to pass laws, while self-governing _ laws can be altered or revoked by the Australian government at any time
States have, while self-governing territories can be altered / revoked at any time
In state and territory elections, citizens vote to elect representatives, who become members of _
The relevant state or territory parliament
What are local government areas in states and territories called (4)
Cities, shires, towns or municipalities
Each area has its own local _
Council
Councils are responsible for
Planning and delivering services to the local community
Citizens in each local area vote to elect their local _
Councillors
The Australian Government (national) is responsible for (10)
- tax
- national economics
- immigration & citizenship
- employment assistance
- postal services & communications network
- social security / pensions & family support
- defense
- trade & commerce
- airports & air safety
- foreign affairs
State and territory governments are responsible for (6)
- hospitals & health services
- schools
- roads & railways
- forestry
- police & ambulance services
- public transport
Local governments and the ACT are responsible for (12)
- Street signs & traffic controls
- Local roads, footpaths, bridges, drains
- Parks, playgrounds, swimming pools, sports grounds
- Camping grounds, caravan parks
- Food & meat inspection
- Noise & animal control
- Rubbish collection
- Local libraries, halls & community centers
- Child care and aged care issues
- Building permits
- Social planning
- Local environment issues
What are the 3 levels of government
National, state / territory, local
What is a political party
Group of people who share similar ideas about how a country should be governed
What are the 4 main political parties in Australia
Liberal (conservatives - more city)
Labor (center right, working class)
Nationals (conservatives - more regional)
Greens (democratic)
Who are independents
People who don’t identify with any political party
How is the federal government formed after a federal election
By the party or coalition of parties with the majority of members in the House of Representatives
The leader of this party becomes the Prime Minister
Who forms the Opposition after a federal election
The party or coalition of parties with the second largest number of members in the House of Representatives
Its leader is called the Leader of the Opposition
Who recommends and who approves the appointment of the Prime Minister and other ministers
Current/incumbent Prime Minister recommends, Governor-General approves
What is the area of government that ministers are responsible for called
Portfolio
Employment, Indigenous Affairs and the Treasury are examples of
Portfolios (that ministers handle)
Who makes up the Cabinet and what is it
Ministers with the most important portfolios
The key decision making body of government
Who has the power to make or change laws in Australia
Parliament (which includes the House of Representatives and Senate)
What are the 4 steps to making or changing a law
- Member of Parliament puts forth a Bill, which is a proposal for a new law or change to an existing law
- The House of Reps and Senate debate and vote on the Bill
- If the majority of each the House of Reps AND the Senate agree, then the Bill goes to the Governor-General
- The Governor-General signs the Bill, making it a law. This is called a Royal Assent
What is a Royal Assent
When the Governor-General signs a Bill to make it a law
What are the 4 ways that laws are enforced
- Courts
- Judges, magistrates, justices
- Juries
- Police
What are the 4 levels of court and names of their judges
Federal, highest: High court (justice person)
State: Supreme court (justice person)
Local: Country court (judge person)
Local, Lowest: Magistrate court (magistrate person)
What can courts base their decisions on
Only the evidence in front of them
Who are judges and magistrates appointed by
The government
What is a jury
Group of ordinary citizens randomly chosen from the general population
In a criminal trial, if the jury finds a person guilty, who decides the penalty
The judge
What is the police’s job
Protect life and property, maintain peace and order in the community
The police may _, but it is the court who _
Police may give evidence, but the court decides if they’re guilty or not
What is the national police force called
AFP: Australian Federal Police
What government controls road and traffic laws
State and territory government
What is the difference between the legislature, executive and judiciary
legislature: make the laws
executive: enforce the laws
judiciary: interpret the laws
