Part 3 - Government and law in Australia Flashcards

Preparation for the Australian Citizenship Test

1
Q

How do Australians have a say in the running of the country?

A
  1. by voting
  2. by raising matters with one’s representatives
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2
Q

At which occasions do Australians vote?

A
  1. in federal elections
  2. in state or territory elections
  3. in a referendum
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3
Q

What is the purpose of compulsory voting?

A

to ensure that the elected candidates are really the ones who are supported by the majority of voters

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4
Q

Which institution conducts federal elections and referendums in Australia?

A

the Australian Electoral Commission (AEC)

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5
Q

What are the tasks of the Australian Electoral Commission (AEC)?

A
  1. to conduct federal elections and referendums
  2. to maintain the Commonwealth electoral role
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6
Q

How are elections and referendums ensured to be free, safe and fair?

A
  1. the Australian Electoral Commission (AEC) is independent from the government and cannot be influenced in its decisions by the government
  2. voting is by secret ballot (i.e. anonymous) and nobody needs to disclose to anyone whom they voted for
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7
Q

What are some possible ways for Australians to raise matters of concern with their elected representatives?

A
  1. make an appointment with the local Member of Parliament (MP) to discuss the matter
  2. write a letter outlining one’s views
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8
Q

How was Australia governed before 1901?

A

Australia consisted of 6 independent British colonies, each with its own government, consitution and laws.

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9
Q

What were some of the issues to be overcome by the formation of a single Australian nation?

A
  1. slow and expensive transport between colonies
  2. difficulties trying to enforce law across colony borders
  3. weak defence systems of individual colonies
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10
Q

How did an emerging Australian national identity become visible around the time of the formation of the Australian federation?

A
  1. through sporting teams that represented Australia internationally
  2. through the development of a unique Australian culture in songs, poems, stories and art
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11
Q

What does the Australian Constitution regulate?

A

the basic rules for government in Australia

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12
Q

What is the legal document that contains the Australian Constitution?

A

the Commonwealth of Australia Constitution Act 1900

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13
Q

When did the Australian Constitution come into effect?

A

on 1 January 1901

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14
Q

What are the most important institutions established by the Australian Constitution?

A
  1. the Parliament of the Commonwealth of Australia, consisting of (i) the House of Representatives and (ii) the Senate
  2. the High Court of Australia
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15
Q

How can the Australian Constitution be changed?

A

only through a referendum with a “double majority”

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16
Q

What does “double majority” mean in the context of a referendum?

A
  1. the majority of voters in a majority of states
  2. the majority of all voters
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17
Q

What is the purpose of the division of power between three arms of government?

A

to prevent any one person or one group of people from taking over all the power to govern Australia

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18
Q

Which document contains the rules of how power is divided in the Australian Government?

A

the Australian Constitution

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19
Q

Which types of government power are distinguished in the Australian Government?

A
  1. Legislative power: power to make and change laws
  2. Executive power: power to put laws into practice
  3. Judicial power: power to interpret and apply the law
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20
Q

Which institution in Australia represents legislative power?

A

the Australian Parliament

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21
Q

Who holds executive power in the Australian Government?

A

Australian Government ministers and the Governer-General

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22
Q

What is the area of responsibility of an Australian Government minister?

A

one or more government departments

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23
Q

Who has judicial power in Australia?

A

Australian judges

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24
Q

How does the Australian Constitution protect judicial power?

A

by keeping courts and judges independent from parliament and government

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25
Q

Who is Australia’s Head of State?

A

the Queen of Australia, Her Majesty Queen Elizabeth II

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26
Q

Who represents the Queen in Australia?

A
  1. the Governor-General (appointed by the Queen on advice from the Australian Prime Minister)
  2. State Governors (appointed by the Queen on advice from the state premiers)
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27
Q

What is Australia’s form of government?

A

constitutional monarchy

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28
Q

What is a constitutional monarchy?

A

a form of government in which a king or queen is the head of state but has to act in accordance with the constitution

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29
Q

Who is the leader of the Australian Government?

A

the Australian Prime Minister

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30
Q

Which other parliamentary democracy served as an example for the development of the Australian system of government?

A

the United Kingdom

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31
Q

What are the responsibilities of the Governor-General?

A
  1. to sign all Bills passed by the Australian Parliament into law (“Royal Assent”)
  2. to sign regulations
  3. to perform ceremonial duties
  4. to approve the appointment of Australian Government ministers, federal judges and other officials.
  5. to exercise special powers in special circumstances (“reserve powers”)
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32
Q

What are some of the government-related leadership roles in Australia?

A
  1. Head of State
  2. Governer-General
  3. Governor
  4. Prime Minister
  5. Premier
  6. Chief Minister
  7. Government Minister
  8. Member of Parliament (MP)
  9. Senator
  10. Mayor or Shire President
  11. Councillor
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33
Q

Governor-General

A

representative of the Head of State in Australia (i.e. representative of the Queen of Australia)

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34
Q

Governor

A

representative of the Head of State (i.e. the Queen of Australia) in each Australian state

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35
Q

Prime Minister

A

leader of the Australian Government

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36
Q

Premier

A

leader of a state government

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37
Q

Chief Minister

A

leader of a territory government

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38
Q

Government Minister

A

member of the Australian Parliament chosen by the Prime Minister to be responsible for an area of government (or portfolio)

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39
Q

Member of Parliament (MP)

A

elected representative of the Australian people in the House of Representatives

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40
Q

Senator

A

elected representative of a state or territory in the Australian Parliament

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41
Q

Mayor or Shire President

A

leader of a local council

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42
Q

Councillor

A

elected member of a local council

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43
Q

representative of the Head of State in Australia (i.e. representative of the Queen of Australia)

A

Governor-General

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44
Q

representative of the Head of State (i.e. the Queen of Australia) in each Australian state

A

Governor

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45
Q

leader of the Australian Government

A

Prime Minister

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46
Q

leader of a state government

A

Premier

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47
Q

leader of a territory government

A

Chief Minister

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48
Q

member of the Australian Parliament (both Houses) chosen by the Prime Minister to be responsible for an area of government (or portfolio)

A

Government Minister

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49
Q

elected representative of the Australian people in the House of Representatives

A

Member of Parliament (MP)

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50
Q

elected representative of a state or territory in the Australian Parliament

A

Senator

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51
Q

leader of a local council

A

Mayor or Shire President

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52
Q

elected member of a local council

A

Councillor

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53
Q

What are other names for the Australian Government?

A
  1. Federal Government
  2. Commonwealth Government
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54
Q

Which 2 Houses constitute the Australian Parliament?

A
  1. the House of Representatives
  2. the Senate
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55
Q

How are the members of the Australian Parliament elected?

A

Members of both the House of Representatives and the Senate are elected at federal elections.

56
Q

What are other names for the House of Representatives?

A
  1. the Lower House
  2. the People’s House
57
Q

What are other names for the Senate?

A
  1. the Upper House
  2. the House of Review
  3. the States’ House
58
Q

What are the common tasks of both Houses of Australian Parliament?

A
  1. to consider, debate and vote on proposals for new laws or changes to existing laws
  2. to discuss matters of national importance
59
Q

What is the number and composition of Members of Parliament (MP) in the House of Representatives?

A
  1. the current total number of MPs is 150
  2. each MP is elected from one of the federal electorates in Australia
60
Q

What is a federal electorate?

A

Australia is divided into currently 150 federal electorates such that

  1. each electorate belongs fully to a state or mainland territory, and
  2. all electorates have equal population sizes
61
Q

What is the number and composition of the members of the Senate?

A
  1. the total number of Senators is 76
  2. there are 12 Senators elected from each of the 6 states, as well as 2 Senators elected from each of the 2 mainland territories
62
Q

How does the size of the population of each state and mainland territory influence the composition of both Houses of the Australian Parliament?

A
  1. the composition of the Senate is independent from population sizes
  2. the composition of the House of Representatives is based on the population sizes
63
Q

How is state and territory government organised in Australia?

A
  1. each state has an own constitution
  2. each state has an own parliament (with either 1 or 2 houses)
  3. members of parliaments are elected by the people based on area divisions
  4. state and terrority governments are based in their capital cities
64
Q

What is the role of the Administrator in the Northern Territory?

A

the Administrator is appointed by the Governor-General and has roles and responsibilities similar to a state Governor

65
Q

How is local government organised in Australia?

A
  1. the states and the Northern Territory are divided into local government areas
  2. each local government area has its own council
  3. citizens in each area vote to elect their local councillors
66
Q

What is a council?

A

a governing body for a local government area

67
Q

What are possible names for local government areas?

A
  1. cities
  2. shires
  3. towns
  4. municipalities
68
Q

What are areas of responsibility of the Australian Government?

A
  1. taxation
  2. national economic management
  3. immigration and citizenship
  4. employment
  5. postal services and the communications network
  6. social security (pensions and family support)
  7. defence
  8. trade
  9. airports and air safety
  10. foreign affairs (relations with other countries)
69
Q

What are areas of responsibility of the state and territory governments?

A
  1. hospitals and health services
  2. schools
  3. railways
  4. roads and road traffic control
  5. forestry
  6. police
  7. public transport
70
Q

What are areas of responsibility of local governments (and the Australian Capital Territory Government)?

A
  1. street signs, traffic controls
  2. local roads, footpaths, bridges
  3. drains
  4. parks, playgrounds, swimming pools, sports grounds
  5. camping grounds and caravan parks
  6. food and meat inspection
  7. noise and animal control
  8. rubbish collection
  9. local libraries, halls and community centres
  10. certain child-care and aged-care issues
  11. building permits
  12. social planning
  13. local environmental issues
71
Q

Which institiution has been set up to encourage cooperation between the different levels of government?

A

The Council of Australian Government (COAG)

72
Q

What government level is responsible for taxation?

A

the Australian Government

73
Q

What government level is responsible for national economic management?

A

the Australian Government

74
Q

What government level is responsible for immigration and citizenship?

A

the Australian Government

75
Q

What government level is responsible for employment?

A

the Australian Government

76
Q

What government level is responsible for postal services and the communications network?

A

the Australian Government

77
Q

What government level is responsible for social security (pensions and family support)?

A

the Australian Government

78
Q

What government level is responsible for defence?

A

the Australian Government

79
Q

What government level is responsible for trade?

A

the Australian Government

80
Q

What government level is responsible for airports and air safety?

A

the Australian Government

81
Q

What government level is responsible for foreign affairs (relations with other countries)?

A

the Australian Government

82
Q

What government level is responsible for hospitals and health services?

A

state and territory governments

83
Q

What government level is responsible for schools?

A

state and territory governments

84
Q

What government level is responsible for railways?

A

state and territory governments

85
Q

What government level is responsible for roads and road traffic control?

A

state and territory governments

86
Q

What government level is responsible for forestry?

A

state and territory governments

87
Q

What government level is responsible for police?

A

state and territory governments

88
Q

What government level is responsible for public transport?

A

state and territory governments

89
Q

What government level is responsible for street signs, traffic controls?

A

local governments (and the Australian Capital Territory Government)

90
Q

What government level is responsible for local roads, footpaths, bridges?

A

local governments (and the Australian Capital Territory Government)

91
Q

What government level is responsible for drains?

A

local governments (and the Australian Capital Territory Government)

92
Q

What government level is responsible for parks, playgrounds, swimming pools, sports grounds?

A

local governments (and the Australian Capital Territory Government)

93
Q

What government level is responsible for camping grounds and caravan parks?

A

local governments (and the Australian Capital Territory Government)

94
Q

What government level is responsible for food and meat inspection?

A

local governments (and the Australian Capital Territory Government)

95
Q

What government level is responsible for noise and animal control?

A

local governments (and the Australian Capital Territory Government)

96
Q

What government level is responsible for rubbish collection?

A

local governments (and the Australian Capital Territory Government)

97
Q

What government level is responsible for local libraries, halls and community centres?

A

local governments (and the Australian Capital Territory Government)

98
Q

What government level is responsible for certain child-care and aged-care issues?

A

local governments (and the Australian Capital Territory Government)

99
Q

What government level is responsible for building permits?

A

local governments (and the Australian Capital Territory Government)

100
Q

What government level is responsible for social planning?

A

local governments (and the Australian Capital Territory Government)

101
Q

What government level is responsible for local environmental issues?

A

local governments (and the Australian Capital Territory Government)

102
Q

What is a political party?

A

a group of people who share similar convictions about how a country should be governed and work together to achieve common political goals

103
Q

How are political parties represented in the Australian Government?

A

most members of parliament belong to a political party (but some are independent)

104
Q

What are the main political parties in Australia?

A
  1. the Australian Labor Party
  2. the Liberal Party of Australia
  3. the Nationals
  4. the Australian Greens
105
Q

How is the Australian Government formed?

A

after an election, the political party (or coalition of parties) with the majority of members in the House of Representatives forms the Australian Government

106
Q

Who becomes Prime Minister after a federal election?

A

the leader of the party (or coalition of parties) that holds a majority in the House of Representatives

107
Q

Who becomes the Leader of the Opposition after a federal election?

A

the leader of the party (or coalition of parties) with the second largest number of members in the House of Representatives

108
Q

Who becomes Government Minister after a federal election?

A

MPs or Senators chosen by the Prime Minister

109
Q

What is the Cabinet?

A

the group of Government Ministers with the most important portfolios; the Cabinet is the key decision making body of the Australian Government

110
Q

What does the law-making process look like (on a federal level)?

A
  1. a member of the Australian Parliament (both Houses) proposes a Bill for a new law or a change to an existing law
  2. the House of Representatives and the Senate consider, debate and vote on the Bill
  3. if a majority of members in both Houses agrees to the Bill, it goes to the Governor-General
  4. Royal Assent: the Governor-General signs the Bill and it becomes law
111
Q

What is a Bill (related to Australian Government)?

A

a proposal to introduce a new law or to change an existing law

112
Q

What is the task of a court in Australia?

A

to interpret and apply the law

113
Q

A criminal trial is carried out in order to answer the following questions: …

A
  1. Was a law broken by a person / an organisation?
  2. If yes, what should the penalty be?
114
Q

Decision-making in court can only be based on …

A

the available evidence

115
Q

Everyone has the right to be … in court.

A

represented by a lawyer

116
Q

Who has the highest authority in a court?

A

the judge or magistrate

117
Q

What is the level of influence that the government has on judges?

A
  1. the government appoints judges
  2. once a judge is appointed, the government has no further influence on the judge and cannot dismiss the judge again
118
Q

If a jury is used in a criminal trial, how is decision-making divided between the jury and the judge?

A
  1. the jury decides if a person has broken the law or not
  2. if the jury finds the person guilty, the judge decides the penalty
119
Q

Under the law, people in Australia are considered … (1) until they are … (2) by a court.

A
  1. innocent
  2. found guilty
120
Q

What is the purpose of the police?

A
  1. to maintain peace and order in the community
  2. to protect life and property
121
Q

What is the relationship between police and government?

A

the police is independent from the government

122
Q

How does the police operate?

A
  1. the police may arrest a person if they believe that the person has broken the law
  2. the police may bring the person before a court of law
  3. the police may give evidence in court
123
Q

What police forces exist in Australia?

A
  1. police forces of the states and the Northern Territory (deal with crimes under state and territory laws)
  2. the Australian Federal Police (deals with crimes against federal laws, as well as general police work in the Australian Capital Territory)
124
Q

What are some examples of crimes that the Australian Federal Police deals with?

A
  1. drug trafficking
  2. crimes against national security
  3. crimes against the environment
125
Q

What are some examples of portfolios of Government Ministers?

A
  1. employment
  2. Indigeous affairs
  3. Treasury
126
Q

What can Australians do who witness (or are victims of) a crime?

A
  1. report the crime to the police
  2. seek assistance from the police
127
Q

Why is it important for everyone to be familiar with the laws in Australia?

A

because not knowing a law is no excuse for breaking it

128
Q

It is a crime to … (1) or even offer a … (2) to a police officer.

A
  1. bribe
  2. bribe
129
Q

What are some of the most serios criminal offences against Australian law?

A
  1. murder
  2. assault
  3. sexual assault
  4. violence against people or property, including domestic violence
  5. armed robbery or theft
  6. having sexual relations with children or young people below the legal age of consent
  7. dangerous driving of a motor car
  8. possession and use of illegal drugs
  9. fraud
130
Q

What is domestic violence (or family violence)?

A

violence within the home and within marriage

131
Q

What are some possible types of domestic violence?

A
  1. physical, sexual or psychological abuse or harm
  2. forced sexual relations
  3. forced isolation
  4. economic deprivation
132
Q

It is generally … (1) in Australia to carry any … (2) such as knives or guns.

A
  1. illegal
  2. weapons
133
Q

Whoever wants to legally carry a … (1) must obtain a … (2) from the police.

A
  1. gun
  2. firearm licence
134
Q

A car driver must have a … (1) and the car must be … (2)

A
  1. driver licence
  2. registered
135
Q

Traffic offences can lead to … (1) or even … (2)

A
  1. fines
  2. prison
136
Q

What are some examples of traffic offences in Australia?

A
  1. not wearing a seatbelt
  2. not transporting babies and young children in approved car seats
  3. speeding
  4. driving under the influence of alcohol or drugs
  5. talking over a hand-held mobile phone while driving