States and territories of Australia

The states and territories are the sub-national constituent entities and the second level of government of Australia. The states are partially-sovereignadministrative divisions that function as self-governingpolities, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries, law enforcement agencies and emergency services that administer and deliver public policies and programs. Territories can be autonomous and administer policies and programs much like the states in practice, but are still legally subordinate to the federal government.

Australia has six federated states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia; and two self-governingfederal territories: the Australian Capital Territory (ACT) and the Northern Territory. Australia has a total of ten federal territories, which includes three internal territories on the mainland: the aforementioned ACT and Northern Territory as well as the Jervis Bay Territory, which is governed for most purposes by the laws of the ACT and is administered by the Commonwealth Government. The remaining seven federal territories are offshore dependent territories known as external territories: the Ashmore and Cartier Islands, the Australian Antarctic Territory, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and Norfolk Island. With the exception of Jervis Bay Territory, every state and internal territory is self-governing with its own independent executive government, legislature, and judicial system, while the rest only have local government status overseen by federal departments.

State and territory governments may legislate on matters concerning their citizens, subject to the limits of the federal constitution (notably Section 51 and Section 109). Each state and internal territory (except the Jervis Bay Territory) has its own legislature; the Federal Parliament can override territorial legislation, but this is extremely rare. The High Court of Australia acts as a final court of appeal on all matters, and has the authority to override any state judiciary. While all states and internal territories have their own judicial system (subject to appeal to the High Court), most external territories are subject to the judiciary and legislature of either a state or internal territory. Excluding the Heard and McDonald Islands and the Australian Antarctic Territory (which are governed by the Department of Climate Change, Energy, the Environment and Water), the external territories are governed by the federal Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. Norfolk Island had its own legislature from 1979 until 2015.

Each state is a successor to a historical British colony, and each has its own constitution. The Australian Capital Territory (ACT) and Northern Territory are for the most part treated as states, with elected legislative assemblies and chief ministers (the equivalent of state premiers) and representation in both chambers of the federal parliament, even though they do not have constitutional status as states and territorial legislation can be overturned by the federal parliament (though this is rare in practice).