Government and the law in Australia Flashcards

1
Q

How do citizens have a say in how Australia is governed?

A

by voting for a person to represent them in parliament (parliamentary democracy)

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2
Q

What Commonwealth agency is responsible for conducting federal elections and referendums, and maintaining the Commonwealth electoral roll?

A

The Australian Electoral Commission (AEC) - which is independent of the government - political parties or people in government cannot influence the decisions of the AEC

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3
Q

How is voting done in Australia?

A

by secret ballot

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4
Q

What happens if you do not vote in an election without good reason?

A

you may have to pay a fine

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5
Q

Why is voting compulsory in Australia?

A

to make sure that people have a say in who will govern and represent them in parliament

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6
Q

How did the government work after British settlement and before 1901?

A

Australia was made up of 6 separate, self-governing colonies - they each had their own constitution and laws relating to defence, immigration, postage, trade and transport. But this created difficulties in many ways

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7
Q

When was the Commonwealth of Australia developed?

A

On 1st January 1901, the 6 British colonies were united into a federation of states

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8
Q

What is the longer name for the Australian Constitution?

A

The Commonwealth of Australia Constitution Act 1900

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9
Q

When was the Australian Constitution originally passed?

A

1900 as part of a British Act of Parliament

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10
Q

When did the Australian Constitution come into effect?

A

1st Jan 1901

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11
Q

What did the Australian Constitution establish

A

the parliament - consisting of a House of Representatives and a Senate. they also established the High Court of Australia, which has the ultimate power to apply and interpret the laws of Australia

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12
Q

How can Australian people change the Australian Constitution?

A

by voting in a referendum (e.g. the 1967 Referendum where more than 90% of Australians voted ‘Yes’ to allow Aboriginal peoples to be counted in the census

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13
Q

What majority is needed in a referendum for the Australian Constitution to be changed?

A

a ‘double majority’ - that is, both the majority of voters in a majority of states and a majority of voters across the nation must vote for the change

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14
Q

How does the Australian Constitution divide the power of government?

A

between the legislative (parliament), executive (e.g. the Prime Minister and the Cabinet) and judicial powers (judges) - to stop one person or group from holding all the power

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15
Q

Explain the role of Legislative power of government

A

power to make laws - parliament has the power to make and change the laws in Australia. Parliament is made up of representatives who are elected by the people of Australia

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16
Q

Explain the Executive power of government

A

power to put the laws into practice - includes the Prime minister, Australian government ministers and the Governor-General.

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17
Q

What are ministers responsible for and what branch of government are they under?

A

they are responsible for government departments - executive power

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18
Q

Explain Judicial power of government

A

power to interpret and apply the law - courts and judges are independent of parliament and government

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19
Q

Who is Australia’s Head of State?

A

Queen of Australia, Her Majesty Queen Elizabeth 2nd

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20
Q

Who does the Queen of Australia appoint as her representative in Australia on advice from the Prime Minister?

A

the Governor-General

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21
Q

Australia is a constitutional monarchy…what does that mean?

A

that the Queen is Australia’s Head of State, but has to act in accordance with the Constitution. Her powers are delegated to the Govenor-General in Australia

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22
Q

Who is the leader of the Australian Government?

A

The Prime Minister

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23
Q

What is the role of the Govenor-General?

A
  • signing all Bills passed by the Australian Parliament into law (this is called Royal Assent)
  • performing ceremonial duties
  • approving the appointment of the Australian Government and its ministers, federal judges and other officials
  • starting the process for a federal election
  • acting as Commander-in-Chief of the Australian Defence Force
    The Govenor-General also has special powers known as ‘reserve powers’ that can only be used in specific circumstances
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24
Q

Who is the Head of State

A

The Queen of Australia

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25
Q

Who is the Govenor-General

A

The representative of the Head of State in Australia

26
Q

Who is the Governor?

A

The representative of the Head of State in each Australian State

27
Q

Who is the Prime Minister?

A

The leader of the Australian Government

28
Q

Who is the Premier?

A

The leader of a state government

29
Q

Who is the Chief Minister?

A

the leader of a territory government

30
Q

Who is the Government minister?

A

A member of parliament chosen by a government leader to be responsible for an area of government

31
Q

Who is a Member of Parliament (MP)?

A

an elected representative of the people in the Australian parliament or a state parliament

32
Q

Who is a Senator?

A

An elected representative of a state or territory in the Australian Parliament

33
Q

Who is the Mayor or Shire President?

A

The leader of a local government

34
Q

Who is the Councillor?

A

An elected member of a local council

35
Q

What are the two houses that make up the Australian Parliament?

A

The House of Representatives and the Senate

36
Q

Who do Australian citizens vote for in a federal election?

A

to elect representatives to each House of Parliament

37
Q

Who do MP’s (Members of Parliament) represent?

A

people in their electorate (Australia is divided into federal electorates)

38
Q

How is the number of MPs for each state and territory determined?

A

based on the number of people in that state or territory

39
Q

How many members are there in the House of Representatives?

A

over 150

40
Q

What is the role of the House of Representatives?

A

to consider, debate, and vote on proposals for new laws or changes to the laws, and discuss matters of national importance

41
Q

How is the number of senators determined for each state? How many are there total? and state by breakdown?

A

All states are equally represented in the Senate regardless of their size or population. There is a total of 76 senators. Each state elects 12 senators and the ACT and NT elect 2 senators each

42
Q

What is the role of senators?

A

consider, debate, and vote on new laws or changes to the laws and discuss matters of national importance

43
Q

How do state governments differ from territory governments?

A

state governments operate in a similar way to the Australian Government. In each state, a Governor represents the Queen of Australia. In the NT, an Administrator is appointed by the Governor General. States have rights recognised by the Constitution while territories do now. States have the power to pass laws in their own right while self-governing territory laws can be altered or revoked by the Australian Government at any time.

44
Q

How do local governments work?

A

States and the NT are divided into local government areas which may be called cities, shires, towns or municipalities. Each area has its own local council which is elected by citizens. they are responsible for planning and delivering services to their local community

45
Q

What is the Australian Government responsible for?

A
  • taxation
  • national economic management
  • immigration and citizenship
  • employment assistance
  • postal services and the communications network
  • social security (pensions and family support)
  • defence
  • trade and commerce
  • airports and air safety
  • foreign affairs (relations with other countries)
46
Q

What are state and territory governments responsible for?

A
  • hospitals and health services
  • schools
  • roads and railways
  • forestry
  • police and ambulance services
  • public transport
47
Q

What are local governments (and the ACT government) responsible for?

A
  • street signs, traffic controls
  • local roads, footpaths, bridges
  • drains
  • parks, playgrounds, swimming pools, sports grounds
  • camping grounds and caravan parks
  • food and meat inspection
  • noise and animal control
  • rubbish collection
  • local libraries, halls and community centres
  • certain child-care and aged-care issues
  • building permits
  • social planning
  • local environmental issues
48
Q

What is a political party?

A

a group of people who share similar ideas about how a country should be governed - they work together to have the party’s ideas turned into laws

49
Q

the main political parties in Australia are what?

A

are the Liberal Party of Australia, the Australian Labor Party, the Nationals and the Australian Greens

50
Q

After a federal election, how is the Australian Government formed?

A

by the party or coalition of parties with the majority of members in the House of Representatives. The leader of this party becomes the leader of the Australian Government: The Prime Minister

51
Q

Who forms the opposition after a federal election?

A

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

52
Q

Who recommends members of the House of Reps or Senators to become ministers in the Australian Government?

A

the prime minister

53
Q

who approves the appointment of the Prime Minister and ministers?

A

The Govenor-General

54
Q

what are Government Ministers responsible for?

A

an area of government (called a portfolio) e.g. employment, indigenous affairs or the Treasury

55
Q

who makes up the Cabinet? What is the cabinet?

A

Government Ministers with the most important portfolios make up the Cabinet, which is the key decision making body of government

56
Q

What is the process by which laws are made in Australia? (4 steps)

A
  • If a member of the Australian Parliament proposes to introduce a new law or change an existing one, this proposal is called a ‘Bill’.
  • The House of Representatives and the Senate consider, debate, and vote on whether they agree with the Bill.
  • If the majority of members in each House of Parliament agree to the Bill, it goes to the Governor-General.
  • The Govenor-General signs a Bill so that it becomes law. This is called ‘Royal Assent’.
    State and territory parliaments make their own laws in a similar way
57
Q

What is the role of the police in Australia?

A

The police maintain peace and order in the community. It is their job to protect life and property. They are independent of the government. If the police believe that someone has broken the law, they can arrest them and bring them before a court of law.

58
Q

What is the role of the national police force (Australian Federal Police)?

A

The AFP investigates crimes against federal laws e.g. drug trafficking, crimes against national security and crimes against the environment. They are also responsible for general police work in the ACT

59
Q

What is the role of the courts in Australia?

A

A court will decide if a person has or has not broken the law and decide the penalty based on the evidence before them

60
Q

Who is the highest authority in a court? How are they appointed?

A

Judges and magistrates - no one can tell them what to decide, they are appointed by the government but the government cannot take their jobs away if it disagrees with their decisions