Part 3 - Government and law in Australia Flashcards
Preparation for the Australian Citizenship Test
How do Australians have a say in the running of the country?
- by voting
- by raising matters with one’s representatives
At which occasions do Australians vote?
- in federal elections
- in state or territory elections
- in a referendum
What is the purpose of compulsory voting?
to ensure that the elected candidates are really the ones who are supported by the majority of voters
Which institution conducts federal elections and referendums in Australia?
the Australian Electoral Commission (AEC)
What are the tasks of the Australian Electoral Commission (AEC)?
- to conduct federal elections and referendums
- to maintain the Commonwealth electoral role
How are elections and referendums ensured to be free, safe and fair?
- the Australian Electoral Commission (AEC) is independent from the government and cannot be influenced in its decisions by the government
- voting is by secret ballot (i.e. anonymous) and nobody needs to disclose to anyone whom they voted for
What are some possible ways for Australians to raise matters of concern with their elected representatives?
- make an appointment with the local Member of Parliament (MP) to discuss the matter
- write a letter outlining one’s views
How was Australia governed before 1901?
Australia consisted of 6 independent British colonies, each with its own government, consitution and laws.
What were some of the issues to be overcome by the formation of a single Australian nation?
- slow and expensive transport between colonies
- difficulties trying to enforce law across colony borders
- weak defence systems of individual colonies
How did an emerging Australian national identity become visible around the time of the formation of the Australian federation?
- through sporting teams that represented Australia internationally
- through the development of a unique Australian culture in songs, poems, stories and art
What does the Australian Constitution regulate?
the basic rules for government in Australia
What is the legal document that contains the Australian Constitution?
the Commonwealth of Australia Constitution Act 1900
When did the Australian Constitution come into effect?
on 1 January 1901
What are the most important institutions established by the Australian Constitution?
- the Parliament of the Commonwealth of Australia, consisting of (i) the House of Representatives and (ii) the Senate
- the High Court of Australia
How can the Australian Constitution be changed?
only through a referendum with a “double majority”
What does “double majority” mean in the context of a referendum?
- the majority of voters in a majority of states
- the majority of all voters
What is the purpose of the division of power between three arms of government?
to prevent any one person or one group of people from taking over all the power to govern Australia
Which document contains the rules of how power is divided in the Australian Government?
the Australian Constitution
Which types of government power are distinguished in the Australian Government?
- Legislative power: power to make and change laws
- Executive power: power to put laws into practice
- Judicial power: power to interpret and apply the law
Which institution in Australia represents legislative power?
the Australian Parliament
Who holds executive power in the Australian Government?
Australian Government ministers and the Governer-General
What is the area of responsibility of an Australian Government minister?
one or more government departments
Who has judicial power in Australia?
Australian judges
How does the Australian Constitution protect judicial power?
by keeping courts and judges independent from parliament and government
Who is Australia’s Head of State?
the Queen of Australia, Her Majesty Queen Elizabeth II
Who represents the Queen in Australia?
- the Governor-General (appointed by the Queen on advice from the Australian Prime Minister)
- State Governors (appointed by the Queen on advice from the state premiers)
What is Australia’s form of government?
constitutional monarchy
What is a constitutional monarchy?
a form of government in which a king or queen is the head of state but has to act in accordance with the constitution
Who is the leader of the Australian Government?
the Australian Prime Minister
Which other parliamentary democracy served as an example for the development of the Australian system of government?
the United Kingdom
What are the responsibilities of the Governor-General?
- to sign all Bills passed by the Australian Parliament into law (“Royal Assent”)
- to sign regulations
- to perform ceremonial duties
- to approve the appointment of Australian Government ministers, federal judges and other officials.
- to exercise special powers in special circumstances (“reserve powers”)
What are some of the government-related leadership roles in Australia?
- Head of State
- Governer-General
- Governor
- Prime Minister
- Premier
- Chief Minister
- Government Minister
- Member of Parliament (MP)
- Senator
- Mayor or Shire President
- Councillor
Governor-General
representative of the Head of State in Australia (i.e. representative of the Queen of Australia)
Governor
representative of the Head of State (i.e. the Queen of Australia) in each Australian state
Prime Minister
leader of the Australian Government
Premier
leader of a state government
Chief Minister
leader of a territory government
Government Minister
member of the Australian Parliament chosen by the Prime Minister to be responsible for an area of government (or portfolio)
Member of Parliament (MP)
elected representative of the Australian people in the House of Representatives
Senator
elected representative of a state or territory in the Australian Parliament
Mayor or Shire President
leader of a local council
Councillor
elected member of a local council
representative of the Head of State in Australia (i.e. representative of the Queen of Australia)
Governor-General
representative of the Head of State (i.e. the Queen of Australia) in each Australian state
Governor
leader of the Australian Government
Prime Minister
leader of a state government
Premier
leader of a territory government
Chief Minister
member of the Australian Parliament (both Houses) chosen by the Prime Minister to be responsible for an area of government (or portfolio)
Government Minister
elected representative of the Australian people in the House of Representatives
Member of Parliament (MP)
elected representative of a state or territory in the Australian Parliament
Senator
leader of a local council
Mayor or Shire President
elected member of a local council
Councillor
What are other names for the Australian Government?
- Federal Government
- Commonwealth Government
Which 2 Houses constitute the Australian Parliament?
- the House of Representatives
- the Senate
How are the members of the Australian Parliament elected?
Members of both the House of Representatives and the Senate are elected at federal elections.
What are other names for the House of Representatives?
- the Lower House
- the People’s House
What are other names for the Senate?
- the Upper House
- the House of Review
- the States’ House
What are the common tasks of both Houses of Australian Parliament?
- to consider, debate and vote on proposals for new laws or changes to existing laws
- to discuss matters of national importance
What is the number and composition of Members of Parliament (MP) in the House of Representatives?
- the current total number of MPs is 150
- each MP is elected from one of the federal electorates in Australia
What is a federal electorate?
Australia is divided into currently 150 federal electorates such that
- each electorate belongs fully to a state or mainland territory, and
- all electorates have equal population sizes
What is the number and composition of the members of the Senate?
- the total number of Senators is 76
- there are 12 Senators elected from each of the 6 states, as well as 2 Senators elected from each of the 2 mainland territories
How does the size of the population of each state and mainland territory influence the composition of both Houses of the Australian Parliament?
- the composition of the Senate is independent from population sizes
- the composition of the House of Representatives is based on the population sizes
How is state and territory government organised in Australia?
- each state has an own constitution
- each state has an own parliament (with either 1 or 2 houses)
- members of parliaments are elected by the people based on area divisions
- state and terrority governments are based in their capital cities
What is the role of the Administrator in the Northern Territory?
the Administrator is appointed by the Governor-General and has roles and responsibilities similar to a state Governor
How is local government organised in Australia?
- the states and the Northern Territory are divided into local government areas
- each local government area has its own council
- citizens in each area vote to elect their local councillors
What is a council?
a governing body for a local government area
What are possible names for local government areas?
- cities
- shires
- towns
- municipalities
What are areas of responsibility of the Australian Government?
- taxation
- national economic management
- immigration and citizenship
- employment
- postal services and the communications network
- social security (pensions and family support)
- defence
- trade
- airports and air safety
- foreign affairs (relations with other countries)
What are areas of responsibility of the state and territory governments?
- hospitals and health services
- schools
- railways
- roads and road traffic control
- forestry
- police
- public transport
What are areas of responsibility of local governments (and the Australian Capital Territory Government)?
- 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
Which institiution has been set up to encourage cooperation between the different levels of government?
The Council of Australian Government (COAG)
What government level is responsible for taxation?
the Australian Government
What government level is responsible for national economic management?
the Australian Government
What government level is responsible for immigration and citizenship?
the Australian Government
What government level is responsible for employment?
the Australian Government
What government level is responsible for postal services and the communications network?
the Australian Government
What government level is responsible for social security (pensions and family support)?
the Australian Government
What government level is responsible for defence?
the Australian Government
What government level is responsible for trade?
the Australian Government
What government level is responsible for airports and air safety?
the Australian Government
What government level is responsible for foreign affairs (relations with other countries)?
the Australian Government
What government level is responsible for hospitals and health services?
state and territory governments
What government level is responsible for schools?
state and territory governments
What government level is responsible for railways?
state and territory governments
What government level is responsible for roads and road traffic control?
state and territory governments
What government level is responsible for forestry?
state and territory governments
What government level is responsible for police?
state and territory governments
What government level is responsible for public transport?
state and territory governments
What government level is responsible for street signs, traffic controls?
local governments (and the Australian Capital Territory Government)
What government level is responsible for local roads, footpaths, bridges?
local governments (and the Australian Capital Territory Government)
What government level is responsible for drains?
local governments (and the Australian Capital Territory Government)
What government level is responsible for parks, playgrounds, swimming pools, sports grounds?
local governments (and the Australian Capital Territory Government)
What government level is responsible for camping grounds and caravan parks?
local governments (and the Australian Capital Territory Government)
What government level is responsible for food and meat inspection?
local governments (and the Australian Capital Territory Government)
What government level is responsible for noise and animal control?
local governments (and the Australian Capital Territory Government)
What government level is responsible for rubbish collection?
local governments (and the Australian Capital Territory Government)
What government level is responsible for local libraries, halls and community centres?
local governments (and the Australian Capital Territory Government)
What government level is responsible for certain child-care and aged-care issues?
local governments (and the Australian Capital Territory Government)
What government level is responsible for building permits?
local governments (and the Australian Capital Territory Government)
What government level is responsible for social planning?
local governments (and the Australian Capital Territory Government)
What government level is responsible for local environmental issues?
local governments (and the Australian Capital Territory Government)
What is a political party?
a group of people who share similar convictions about how a country should be governed and work together to achieve common political goals
How are political parties represented in the Australian Government?
most members of parliament belong to a political party (but some are independent)
What are the main political parties in Australia?
- the Australian Labor Party
- the Liberal Party of Australia
- the Nationals
- the Australian Greens
How is the Australian Government formed?
after an election, the political party (or coalition of parties) with the majority of members in the House of Representatives forms the Australian Government
Who becomes Prime Minister after a federal election?
the leader of the party (or coalition of parties) that holds a majority in the House of Representatives
Who becomes the Leader of the Opposition after a federal election?
the leader of the party (or coalition of parties) with the second largest number of members in the House of Representatives
Who becomes Government Minister after a federal election?
MPs or Senators chosen by the Prime Minister
What is the Cabinet?
the group of Government Ministers with the most important portfolios; the Cabinet is the key decision making body of the Australian Government
What does the law-making process look like (on a federal level)?
- a member of the Australian Parliament (both Houses) proposes a Bill for a new law or a change to an existing law
- the House of Representatives and the Senate consider, debate and vote on the Bill
- if a majority of members in both Houses agrees to the Bill, it goes to the Governor-General
- Royal Assent: the Governor-General signs the Bill and it becomes law
What is a Bill (related to Australian Government)?
a proposal to introduce a new law or to change an existing law
What is the task of a court in Australia?
to interpret and apply the law
A criminal trial is carried out in order to answer the following questions: …
- Was a law broken by a person / an organisation?
- If yes, what should the penalty be?
Decision-making in court can only be based on …
the available evidence
Everyone has the right to be … in court.
represented by a lawyer
Who has the highest authority in a court?
the judge or magistrate
What is the level of influence that the government has on judges?
- the government appoints judges
- once a judge is appointed, the government has no further influence on the judge and cannot dismiss the judge again
If a jury is used in a criminal trial, how is decision-making divided between the jury and the judge?
- the jury decides if a person has broken the law or not
- if the jury finds the person guilty, the judge decides the penalty
Under the law, people in Australia are considered … (1) until they are … (2) by a court.
- innocent
- found guilty
What is the purpose of the police?
- to maintain peace and order in the community
- to protect life and property
What is the relationship between police and government?
the police is independent from the government
How does the police operate?
- the police may arrest a person if they believe that the person has broken the law
- the police may bring the person before a court of law
- the police may give evidence in court
What police forces exist in Australia?
- police forces of the states and the Northern Territory (deal with crimes under state and territory laws)
- the Australian Federal Police (deals with crimes against federal laws, as well as general police work in the Australian Capital Territory)
What are some examples of crimes that the Australian Federal Police deals with?
- drug trafficking
- crimes against national security
- crimes against the environment
What are some examples of portfolios of Government Ministers?
- employment
- Indigeous affairs
- Treasury
What can Australians do who witness (or are victims of) a crime?
- report the crime to the police
- seek assistance from the police
Why is it important for everyone to be familiar with the laws in Australia?
because not knowing a law is no excuse for breaking it
It is a crime to … (1) or even offer a … (2) to a police officer.
- bribe
- bribe
What are some of the most serios criminal offences against Australian law?
- murder
- assault
- sexual assault
- violence against people or property, including domestic violence
- armed robbery or theft
- having sexual relations with children or young people below the legal age of consent
- dangerous driving of a motor car
- possession and use of illegal drugs
- fraud
What is domestic violence (or family violence)?
violence within the home and within marriage
What are some possible types of domestic violence?
- physical, sexual or psychological abuse or harm
- forced sexual relations
- forced isolation
- economic deprivation
It is generally … (1) in Australia to carry any … (2) such as knives or guns.
- illegal
- weapons
Whoever wants to legally carry a … (1) must obtain a … (2) from the police.
- gun
- firearm licence
A car driver must have a … (1) and the car must be … (2)
- driver licence
- registered
Traffic offences can lead to … (1) or even … (2)
- fines
- prison
What are some examples of traffic offences in Australia?
- not wearing a seatbelt
- not transporting babies and young children in approved car seats
- speeding
- driving under the influence of alcohol or drugs
- talking over a hand-held mobile phone while driving
