The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
parliamentary
A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
. Like other
Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, the
ministers
Minister may refer to:
* Minister (Christianity), a Christian cleric
** Minister (Catholic Church)
* Minister (government), a member of government who heads a ministry (government department)
** Minister without portfolio, a member of governme ...
, and government departments), the legislative (the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
), and the
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
.
The legislative branch, the federal Parliament, is made up of two chambers: the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
(lower house) and
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(upper house). The House of Representatives has 151
members
Member may refer to:
* Military jury, referred to as "Members" in military jargon
* Element (mathematics), an object that belongs to a mathematical set
* In object-oriented programming, a member of a class
** Field (computer science), entries in ...
, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
and
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
. The
Australian monarch, currently King
Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
, is represented by the
governor-general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
. The Australian Government in its executive capacity is formed by the party or coalition with a majority in the House of Representatives, with the prime minister being the
parliamentary leader
A parliamentary leader is a political title or a descriptive term used in various countries to designate the person leading a parliamentary group or caucus in a legislative body, whether it be a national or sub-national legislature. They are the ...
who has the support of a majority of members in the House of Representatives. The prime minister is formally appointed to the role by the governor-general.
The government is based in the nation's capital,
Canberra
Canberra ( )
is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
, in the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
. The head offices of all
fourteen federal departments lie in Canberra, along with
Parliament House and the
High Court. The judicial branch of government, headed by the High Court of Australia, is independent of the legislative and executive branch, and ensures that government acts according to the constitution and law. As a founding member of
the Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the ...
and a
former British colony before
Federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
in 1901,
Australia's Constitution is influenced heavily by the British
Westminster system of government, as well as the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
.
Structure
Section 1 of the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
creates a democratic legislature, the
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
which consists of the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
and two chambers of parliament, the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
.
Section 51 of the Constitution provides for the Australian Government's legislative powers and allocates certain powers and responsibilities (known as "heads of power") to the Federal Government. All remaining responsibilities are retained by the six
states (previously separate colonies). Further, each state has its own constitution, so that Australia has seven devolved Parliaments, none of which can encroach on the functions of any other. The
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
arbitrates on any disputes which arise between the Federal Government and the states and territories, or among the states and territories themselves.
The Parliament of Australia can propose changes to the Constitution. To become effective, the proposals must be put to a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
of all Australians of voting age and must receive a 'double majority': a majority of all votes, and a majority of votes in a majority of States.
The Australian Constitution also provides that the states can agree to refer any of their powers to the Federal Government. This may be achieved by way of an amendment to the Constitution via referendum (a vote on whether the proposed transfer of power from the states to the federation, or vice versa, should be implemented). More commonly powers may be transferred by passing other acts of legislation that authorise the transfer and such acts require the legislative agreement of all the state governments involved. This "transfer" legislation may have a "sunset clause", a legislative provision that nullifies the transfer of power after a specified period, at which point the original division of power is restored.
In addition, Australia has several territories, two of which are self-governing: the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
and the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
. While these territories' legislatures exercise powers devolved to them by the Australian Government, the Parliament of Australia has the authority to override their legislation and to alter their powers. Australian citizens in these territories are represented by members of both houses of the Parliament of Australia, albeit with less representation in the Senate.
Norfolk Island
Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with ...
was self-governing from 1979 until 2015, although it was never represented as such in the Parliament of Australia. The other inhabited territories:
Jervis Bay
Jervis Bay () is a oceanic bay and village on the south coast of New South Wales, Australia, said to possess the whitest sand in the world.
A area of land around the southern headland of the bay is a territory of the Commonwealth of Australia ...
,
Christmas Island
Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the ...
and the
Cocos (Keeling) Islands
)
, anthem = "''Advance Australia Fair''"
, song_type =
, song =
, image_map = Australia on the globe (Cocos (Keeling) Islands special) (Southeast Asia centered).svg
, map_alt = Location of the Cocos (Keeling) Islands
, map_caption = ...
, have never been self-governing.
The federal nature and the structure of the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
were the subject of protracted negotiations among the colonies during the drafting of the Constitution. The
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
is elected on a basis that reflects the differing populations of the states. Therefore, the most populous state,
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, has 48 members, while the least populated,
Tasmania
)
, nickname =
, image_map = Tasmania in Australia.svg
, map_caption = Location of Tasmania in AustraliaCoordinates:
, subdivision_type = Country
, subdi ...
, has only five. But the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
is elected on a basis of equality among the states: all states elect 12 senators, regardless of population. This was intended to allow the senators of the smaller states to form a majority and thus be able to amend or reject bills originating in the House of Representatives. The Australian Capital Territory and the Northern Territory, the only territories represented in Senate, each elect only two.
The third level of governance is
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
, in the form of
shire
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
s, towns or cities. The councils of these areas are composed of elected representatives (known as either
councillor
A councillor is an elected representative for a local government council in some countries.
Canada
Due to the control that the provinces have over their municipal governments, terms that councillors serve vary from province to province. Unl ...
or
alderman
An alderman is a member of a Municipal government, municipal assembly or council in many Jurisdiction, jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council membe ...
, depending on the state). Their powers are devolved to them by the state or territory in which they are located.
Separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
is the principle whereby the three arms of government undertake their activities separately from each other. The legislature proposes and debates laws that the executive then administers, and the judicial arbitrates cases arising from the administration of laws and
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. Only the federal High Court can deem if a law is constitutional or not.
File:Au_gov_chart.svg, center, 640px, Structure of the Government of Australia, alt=A high level diagram of the structure of the Government of Australia, the three branches, legislative, executive, and judicial.
rect 575 6 1175 56 Constitution of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutio ...
rect 575 191 1175 241 Governor General of Australia
The governor-general of Australia is the representative of the Monarchy of Australia, monarch, currently King Charles III, in Australia.[Legislative Branch
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as ...](_blank)
rect 725 341 1025 391 Executive Branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
rect 1325 341 1625 391 Judicial Branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
rect 25 491 525 541 Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
rect 25 542 275 642 House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
rect 275 542 525 642 Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
rect 625 491 1125 541 Federal Executive Council
rect 625 542 875 642 Current Ministers
rect 875 542 1125 642 Previous Ministers
rect 1225 491 1725 541 High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
rect 623 743 873 843 Government Departments
Ministry or department (also less commonly used secretariat, office, or directorate) are designations used by first-level executive bodies in the machinery of governments that manage a specific sector of public administration." Энцикло ...
rect 1225 642 1725 692 Other federal courts
Legislature of the Parliament of Australia
![Australian Senate - Parliament of Australia](https://upload.wikimedia.org/wikipedia/commons/a/a3/Australian_Senate_-_Parliament_of_Australia.jpg)
The Legislature makes the laws, and supervises the activities of the other two arms with a view to changing the laws when appropriate. The
Australian Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
is
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
, consisting of the
King of Australia
The monarchy of Australia is Australia's form of government embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional monarchy, modelled on the Westminster system of parliamentary government, while i ...
, a 76-member
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and a 151-member
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
.
Twelve Senators from each state are elected for six-year terms, using
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
and the
single transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
(known in Australia as "quota-preferential voting": see
Australian electoral system
The Australian electoral system comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the ''Commonwealth Electoral Act 1918''. The system presently has a number of distincti ...
), with half elected every three years. In addition to the state senators, two senators are elected by voters from the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
(which for this purpose includes the Indian Ocean Territories,
Christmas Island
Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the ...
and the
Cocos (Keeling) Islands
)
, anthem = "''Advance Australia Fair''"
, song_type =
, song =
, image_map = Australia on the globe (Cocos (Keeling) Islands special) (Southeast Asia centered).svg
, map_alt = Location of the Cocos (Keeling) Islands
, map_caption = ...
), while another two senators are elected by the voters of the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
(which for this purpose includes the
Jervis Bay Territory
The Jervis Bay Territory (; JBT) is an internal territory of Australia. It was established in 1915 from part of New South Wales (NSW), in order to give the landlocked Australian Capital Territory (ACT) access to the sea.
It was administered b ...
and
Norfolk Island
Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with ...
). Senators from the territories are also elected using preferential voting, but their term of office is not fixed; it starts on the day of a general election for the House of Representatives and ends on the day before the next such election.
The members of the House of Representatives are elected by majority-preferential voting using the non-proportional
Instant-runoff voting
Instant-runoff voting (IRV) is a type of ranked preferential voting method. It uses a majority voting rule in single-winner elections where there are more than two candidates. It is commonly referred to as ranked-choice voting (RCV) in the Un ...
system from single-member constituencies allocated among the states and territories. In ordinary legislation, the two chambers have co-ordinate powers, but all proposals for appropriating revenue or imposing taxes must be introduced in the House of Representatives. Under the prevailing
Westminster system, the leader of the political party or coalition of parties that holds the support of a majority of the members in the House of Representatives is invited to form a government and is named
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
.
![Australian House of Representatives - Parliament of Australia](https://upload.wikimedia.org/wikipedia/commons/2/24/Australian_House_of_Representatives_-_Parliament_of_Australia.jpg)
The Prime Minister and the Cabinet are responsible to the Parliament, of which they must, in most circumstances, be members. General elections are held at least once every three years. The Prime Minister has a discretion to advise the Governor-General to call an election for the House of Representatives at any time, but Senate elections can only be held within certain periods prescribed in the Constitution. The most recent general election was on
21 May 2022.
The Commonwealth Parliament and all the state and territory legislatures operate within the conventions of the
Westminster system, with a recognised
Leader of the Opposition
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
, usually the leader of the largest party outside the government, and a
Shadow Cabinet of Opposition members who "shadow" each member of the Ministry, asking questions on matters within the Minister's portfolio. Although the Government, by virtue of commanding a majority of members in the lower house of the legislature, can usually pass its legislation and control the workings of the house, the Opposition can considerably delay the passage of legislation and obstruct government business if it chooses.
The day-to-day business of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
is usually negotiated between the
Leader of the House, appointed by the Prime Minister, and the
Manager of Opposition Business in the House, appointed by the
Leader of the Opposition
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
in the Commonwealth parliament.
Executive
Head of state
The
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
dates from 1901, when the
Dominions
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, Dominion of New Zealand, New Zealand, Dominion of Newfoundland, Newfoundland, Un ...
of the
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
were not sovereign states, and does not use the term "head of state". As Australia is a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
, government and academic sources describe the King as head of state. In practice, the role of head of state of Australia is divided between two people, the
King of Australia
The monarchy of Australia is Australia's form of government embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional monarchy, modelled on the Westminster system of parliamentary government, while i ...
and the
Governor-General of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.[Prime Minister of Australia
The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the Australian Government, federal government of Australia and is also accountable to Parliament of A ...](_blank)
. Though in many respects the Governor-General is the King's representative, and exercises various constitutional powers in his name, they independently exercise many important powers in their own right. The governor-general represents Australia internationally, making and receiving state visits.
![Government House Canberra](https://upload.wikimedia.org/wikipedia/commons/8/8c/Government_House_Canberra.JPG)
The
monarch of Australia
The monarchy of Australia is Australia's form of government embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional monarchy, modelled on the Westminster system of Parliamentary system, parliamentary ...
, currently
Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
, is also the monarch of the other
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s, and the sovereign of the United Kingdom. Like the other
Dominions
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, Dominion of New Zealand, New Zealand, Dominion of Newfoundland, Newfoundland, Un ...
, Australia gained legislative independence from the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
by virtue of the
Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Passed on 11 December 1931, the statute increased the sovereignty of the ...
, which was adopted in Australia in 1942 with retrospective effect from 3 September 1939. By the
Royal Style and Titles Act 1953 In the Commonwealth realms, a Royal Style and Titles Act or a Royal Titles Act is an Act of Parliament passed in the relevant jurisdiction which defines the sovereign's formal title in that jurisdiction. The most significant of these acts is the Roy ...
, the Australian Parliament gave the Queen the title
Queen of Australia
Queen or QUEEN may refer to:
Monarchy
* Queen regnant, a female monarch of a Kingdom
** List of queens regnant
* Queen consort, the wife of a reigning king
* Queen dowager, the widow of a king
* Queen mother, a queen dowager who is the mothe ...
, and in 1973 titles with any reference to her status as
Queen of the United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwi ...
and
Defender of the Faith
Defender of the Faith ( la, Fidei Defensor or, specifically feminine, '; french: Défenseur de la Foi) is a phrase that has been used as part of the full style of many English, Scottish, and later British monarchs since the early 16th century. It ...
as well were removed, making her Queen of Australia.
Section 61 of the Constitution provides that 'The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth'. Section 2 of the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
provides that a
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
shall represent the Queen in Australia. In practice, the Governor-General carries out all the functions usually performed by a head of state, without reference to the Queen.
Under the conventions of the
Westminster system the Governor-General's powers are almost always exercised on the advice of the Prime Minister or other ministers. The Governor-General retains
reserve powers
Reserve or reserves may refer to:
Places
* Reserve, Kansas, a US city
* Reserve, Louisiana, a census-designated place in St. John the Baptist Parish
* Reserve, Montana, a census-designated place in Sheridan County
* Reserve, New Mexico, a US v ...
similar to those possessed by the King in the United Kingdom. These are rarely exercised, but during the
Australian constitutional crisis of 1975
The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir ...
Governor-General Sir
John Kerr used them independently of the Queen and the Prime Minister.
Australia has periodically experienced movements seeking to end the monarchy. In a
1999 referendum, the Australian people voted on a proposal to change the Constitution. The proposal would have removed references to the
Queen
Queen or QUEEN may refer to:
Monarchy
* Queen regnant, a female monarch of a Kingdom
** List of queens regnant
* Queen consort, the wife of a reigning king
* Queen dowager, the widow of a king
* Queen mother, a queen dowager who is the mother ...
from the Constitution and replaced the
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
with a President nominated by the Prime Minister, but subject to the approval of a two-thirds majority of both Houses of the Parliament. The proposal was defeated. The
Australian Republican Movement
The Australian Republic Movement (ARM) is a non-party-partisan organisation campaigning for Australia to become a republic. ARM and its supporters have promoted various models of a republic including parliamentary republic and it is, again, revi ...
continues to campaign for an end to the monarchy in Australia, opposed by
Australians for Constitutional Monarchy
Australians for Constitutional Monarchy (ACM) is a group that aims to preserve Australia's current constitutional monarchy, with Charles III as King of Australia. The group states that it is a non-partisan, not-for-profit organisation whose rol ...
and
Australian Monarchist League.
Executive council
The Federal Executive Council is a formal body which exists and meets to give legal effect to decisions made by the Cabinet, and to carry out various other functions. All ministers are members of the council and are entitled to be styled "
The Honourable
''The Honourable'' (British English) or ''The Honorable'' (American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certain ...
", a style which they retain for life. The
governor-general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
usually presides at council meetings, but in his or her absence another minister nominated as the
Vice-President of the Executive Council
The Vice-President of the Executive Council is the minister in the Government of Australia who acts as the presiding officer of meetings of the Federal Executive Council when the Governor-General is absent. The Vice-President of the Executiv ...
presides at the meeting of the council. Since 1 June 2022, the vice-president of the Federal Executive Council has been Senator
Katy Gallagher
Katherine Ruth Gallagher (born 18 March 1970) is an Australian politician who has been serving as the Minister for Finance, Minister for Women, Minister for the Public Service and Vice-President of the Executive Council in the Albanese Gover ...
.
There are times when the government acts in a
"caretaker" capacity, principally in the period prior to and immediately following a general election.
Cabinet
The Cabinet of Australia is the council of senior Ministers of the Crown, responsible to the Federal Parliament. The ministers are appointed by the Governor-General, on the advice of the Prime Minister, who serve at the former's pleasure. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. Outside the cabinet there is an outer ministry and also a number of junior ministers, called Parliamentary secretaries, responsible for a specific policy area and reporting directly to a senior Cabinet minister.
The Constitution of Australia does not recognise the Cabinet as a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the
Federal Executive Council, which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. All members of the Cabinet are members of the Executive Council. While the Governor-General is nominal presiding officer, he almost never attends Executive Council meetings. A senior member of the Cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the Governor-General.
Until 1956 all members of the ministry were members of the Cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956
Robert Menzies
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of ''Hrōþ, Hruod'' ( non, Hróðr) "fame, glory ...
created a two-tier ministry, with only senior ministers holding Cabinet rank, also known within parliament as the
front bench
In many parliaments and other similar assemblies, seating is typically arranged in banks or rows, with each political party or caucus grouped together. The spokespeople for each group will often sit at the front of their group, and are then kn ...
. This practice has been continued by all governments except the
Whitlam
Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
Government.
When the non-Labor parties are in power, the Prime Minister makes all Cabinet and ministerial appointments at their own discretion, although in practice they consult with senior colleagues in making appointments. When the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
and its predecessors (the
Nationalist Party and the
United Australia Party
The United Australia Party (UAP) was an Australian political party that was founded in 1931 and dissolved in 1945. The party won four federal elections in that time, usually governing in coalition with the Country Party. It provided two prim ...
) have been in coalition with the
National Party or its predecessor the
Country Party, the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the Prime Minister on the allocation of their portfolios.
When
Labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
first held office under
Chris Watson
John Christian Watson (born Johan Cristian Tanck; 9 April 186718 November 1941) was an Australian politician who served as the third prime minister of Australia, in office from 27 April to 18 August 1904. He served as the inaugural federal lead ...
, Watson assumed the right to choose members of his Cabinet. In 1907, however, the party decided that future Labor Cabinets would be elected by the members of the Parliamentary Labor Party, the
Caucus
A caucus is a meeting of supporters or members of a specific political party or movement. The exact definition varies between different countries and political cultures.
The term originated in the United States, where it can refer to a meeting ...
, and the Prime Minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor Prime Ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. Prior to the
2007 general election, the then Leader of the Opposition,
Kevin Rudd
Kevin Michael Rudd (born 21 September 1957) is an Australian former politician and diplomat who served as the 26th prime minister of Australia from 2007 to 2010 and again from June 2013 to September 2013, holding office as the leader of the ...
, said that he and he alone would choose the ministry should he become Prime Minister. His party won the election and he chose the ministry, as he said he would.
The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the Cabinet meeting in other places, such as major regional cities. There are
Commonwealth Parliament Offices in each State Capital, with those in Sydney located in
Phillip Street
Phillip Street is a street in the central business district of Sydney in New South Wales, Australia. While the street runs from King Street in the south to Circular Quay in the north, the present street is effectively in two sections, sepa ...
.
Departments
, there are 14 departments of the Australian Government.
*
Attorney-General's Department
*
Department of Agriculture, Water and the Environment
The Australian Department of Agriculture, Water and the Environment (DAWE) was an Australian Government department which operated from 1 February 2020 until 30 June 2022. It represented Australia's national interests in agriculture, water and th ...
*
Department of Defence Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
*
Department of Education, Skills and Employment
The Australian Department of Education, Skills and Employment (DESE) was a Government department, department of the Government of Australia, existing between 1 February 2020 to 1 July 2022 from a merger of the Department of Education (Australia) ...
*
Department of Finance
*
Department of Foreign Affairs and Trade
The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian federal government responsible for foreign policy and relations, international aid (using the branding Australian Aid), consular services and trade and inv ...
*
Department of Health
A health department or health ministry is a part of government which focuses on issues related to the general health of the citizenry. Subnational entities, such as states, counties and cities, often also operate a health department of their ow ...
*
Department of Home Affairs
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
*
Department of Industry, Science, Energy and Resources
The Department of Industry, Science, Energy and Resources was a department of the Australian Government responsible for consolidating the Government’s efforts to drive economic growth, productivity and competitiveness by bringing together indu ...
*
*
Department of the Prime Minister and Cabinet
*
Department of Social Services
*
Department of the Treasury
*
Department of Veterans' Affairs
Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Some jurisdictions have a designated government agency or department, a Department of Veterans' Affairs, Minist ...
Additionally, there are four departments which support the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
:
*
Department of Parliamentary Services The Clerk of the Australian Senate is the head of the Parliamentary Department of the Senate, which is the parliamentary department supporting the work of the Australian Senate. The Clerk is responsible to the President of the Senate who in turn is ...
*
Department of the House of Representatives
*
Department of the Senate The Clerk of the Australian Senate is the head of the Parliamentary Department of the Senate, which is the parliamentary department supporting the work of the Australian Senate. The Clerk is responsible to the President of the Senate who in turn is ...
*
Parliamentary Budget Office
The Parliamentary Budget Office (PBO) is an agency of the Australian Parliament whose purpose is to "inform the parliament by providing independent and non-partisan analysis of the budget cycle, fiscal policy and the financial implications of p ...
Judiciary
![Court 1 at the High Court of Australia](https://upload.wikimedia.org/wikipedia/commons/f/f1/Court_1_at_the_High_Court_of_Australia.jpg)
As a federation, in Australia judicial power is exercised by both federal and state courts.
Federal judicial power is vested in the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
and such other federal courts created by the Federal Parliament, including the
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
, the
Family Court of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fede ...
, and the
Federal Circuit Court of Australia
The Federal Circuit Court of Australia, formerly known as the Federal Magistrates Court of Australia or the Federal Magistrates Service, was an Australian court with jurisdiction over matters broadly relating to family law and child support, ad ...
. Additionally, the federal legislature has the power to enact laws which vest federal authority in State courts. Since the Australian Constitution requires a separation of powers at the federal level, only courts may exercise federal judicial power; and conversely, non-judicial functions cannot be vested in courts.
State judicial power is exercised by each State's Supreme Court, and such other courts and tribunals created by the State Parliaments of Australia.
The High Court is the final court of appeal in Australia and has the jurisdiction to hear appeals on matters of both federal and state law. It has both original and appellate jurisdiction, the power of judicial review over laws passed by federal and State parliaments, and has jurisdiction to interpret the Constitution of Australia. Unlike in the United States, there is only one common law of Australia, rather than separate common laws for each State.
Until the passage of the
Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of Parliament, Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of Parliament (UK), Act of ...
, and associated legislation in the Parliament of the United Kingdom of Great Britain and Northern Ireland, some Australian cases could be referred to the British
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
for final appeal. With this act, Australian law was made unequivocally sovereign, and the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
was confirmed as the highest court of appeal. The theoretical possibility of the British Parliament enacting laws to override the Australian Constitution was also removed.
Publicly owned entities
Corporations prescribed by acts of parliament
The following corporations are prescribed by Acts of Parliament:
*
Australian Broadcasting Corporation
The Australian Broadcasting Corporation (ABC) is the national broadcaster of Australia. It is principally funded by direct grants from the Australian Government and is administered by a government-appointed board. The ABC is a publicly-own ...
(''Australian Broadcasting Corporation Act 1983'')
*
Clean Energy Finance Corporation
The Clean Energy Finance Corporation (CEFC) is an Australian Government-owned Green Bank that was established to facilitate increased flows of finance into the clean energy sector. As a specialist investor the CEFC at the centre of efforts to hel ...
(''Clean Energy Finance Corporation Act 2012'')
*
Special Broadcasting Service
The Special Broadcasting Service (SBS) is an Australian hybrid-funded public service broadcaster. About 80 percent of funding for the company is derived from the Australian Government. SBS operates six TV channels ( SBS, SBS Viceland, SBS World ...
(''Special Broadcasting Service Act 1991'')
Government Business Enterprises
, the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs) by section 5(1) of the Public Governance, Performance and Accountability (PGPA) Rule:
*
Australia Post
Australia Post, formally the Australian Postal Corporation, is the government business enterprise that provides postal services in Australia. The head office of Australia Post is located in Bourke Street, Melbourne, which also serves as a post o ...
*
Defence Housing Australia
Defence Housing Australia (DHA) is an Australian government business enterprise established by the ''Defence Housing Australia Act 1987''. DHA supplies housing and related services to Australian Defence Force members and their families in lin ...
The following Commonwealth companies are prescribed as GBEs by section 5(2) of the PGPA Rule:
*
Australian Submarine Corporation (ASC)
* Australian Naval Infrastructure
*
Australian Rail Track Corporation
The Australian Rail Track Corporation (ARTC) is an Australian Government-owned statutory corporation.
It operates one of the largest rail networks in the nation spanning 8,500km across five states, 39 worksites and more than 50 First Nations.
...
, which manages the
Inland Rail
Inland Rail, also known as Inland Railway and previously Australian Inland Railway Expressway, is a railway line under construction in Australia. Once complete, it will connect the ports of Melbourne and Brisbane along a new route west of th ...
project
*
Moorebank Intermodal Terminal
The Moorebank Intermodal Terminal is an intermodal terminal under construction in the south-western Sydney suburb of Moorebank.
History
In 2010, the Department of Finance and Deregulation conducted a feasibility study into the development of th ...
*
NBN Co
NBN Co Limited, known as simply nbn, is a publicly owned corporation of the Australian Government, tasked to design, build and operate Australia's National Broadband Network as the nation's wholesale broadband provider. The corporation reports ...
*
Snowy Hydro
Snowy Hydro Limited is an electricity generation and retailing company in Australia that owns, manages, and maintains the Snowy Mountains Hydro-electric Scheme which consists of nine hydro-electric power stations and sixteen large dams connecte ...
*
Western Sydney Airport
Western Sydney International Nancy-Bird Walton Airport, also known as Western Sydney Airport or Badgerys Creek Airport, is a new international airport currently under construction within the suburb of Badgerys Creek, New South Wales, Australia. ...
Other public non-financial corporations
*
Airservices Australia
Airservices Australia is an Australian Government owned corporation, responsible for providing safe, secure, efficient and environmentally responsible services to the aviation industry within the Australian Flight Information Region (FIR). S ...
See also
*
Prime Minister of Australia
The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the Australian Government, federal government of Australia and is also accountable to Parliament of A ...
*
Australian Public Service
The Australian Public Service (APS) is the federal civil service of the Commonwealth of Australia responsible for the public administration, public policy, and public services of the departments and executive and statutory agencies of the G ...
*
Referendums in Australia
Referendums have been held in Australia to approve parliament-proposed changes to the Constitution of Australia or to the constitutions of states and territories.
Polls conducted on non-constitutional issues are sometimes but not always referre ...
*
States and territories of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
*
Timeline of the expansion of federal powers in Australia
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901. Relatively few changes have been made in terms of the formal constitution since Australian federation occurred; in practice, however, the Commonwealth government ...
Notes
References
External links
{{DEFAULTSORT:Australian Government
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...