Australia's System of Government

Editor: Justin Healey
ISBN 978 1 920801 93 9
Year 2008

Price: $20.95

  

Australia's System of Government
Volume 283, Issues in Society

Since 1901 the Australian nation has been governed as a parliamentary democracy represented by a federation of States under one Federal government. Although Australia is an independent nation, the Queen of Great Britain is also formally the Queen of Australia, represented by a Governor-General. With so many levels of government in Australia – federal, state and local – debate often arises over practicality, duplication and overlap. This book presents an overview of the structure and functions of Australia’s governments, and explores proposed reforms regarding compulsory versus voluntary voting; the right to vote for young people under 18; and the federalism debate – with so many layers of government, does Australia’s federation represent and serve us all well enough?

Chapter 1  The Australian System of Government
The constitution, Australia's system of government, Australia's federation, The Australian system of government, The executive government of Australia, Electoral events timeline, The House, government and opposition.

Chapter 2  Voting and Electoral Reform
Electoral reform in Australia, Politicians seen as trustworthy bunch who'll do the right thing, Compulsory voting in Australian national elections, Compulsory voting – arguments in favour and against, Citizens who want the right not to be heard, The right to vote is not enjoyed equally by all Australians, Young people and the vote, Politics a turn-off for gen Y.

Chapter 3  The Federalism Debate
Federalism shock: it's efficient, says report, Federal reform is not all about taxes, Federalism – the good, the bad and the opportunities, Federalism: what is it really worth?, If it's broke, fix it, A chance to rebuild the federation, Re-imagining our democracy, It's messy but at least it works.

Glossary; Facts and Figures; Additional Resources; Index



FAST FACTS from this volume
  • The Constitution of Australia has a special status – it cannot be changed in the same way as other laws can be changed and it is a supreme law, that is, it overrides other laws.
  • The new Australian nation was established on 1 January 1901 following the passing of the Commonwealth of Australia Constitution Act by the United Kingdom Parliament.
  • Australia is a federation of States which each have their own constitution, government and laws. The Australian Constitution originated as an agreement under which the former colonies came together as States in a federation. The Constitution establishes the form of the federal government (that is, the Commonwealth, national or central government) and sets out the basis for relations between the Commonwealth and the States.
  • Some of the central features of Australia's system of government (described as parliamentary, cabinet or responsible government and also called a Westminster-style system) are not set down in the Constitution but are based on custom and convention. These include the position of Prime Minister and the group of senior Ministers called the Cabinet, who make major policy and administrative decisions and in effect govern the country.
  • Any constitutional changes must be approved by a double majority – a national majority of electors as well as a majority of electors in a majority of the states (at least four of the six). Since federation in 1901, only eight out of 44 proposals to amend the Constitution have been approved. Voters are generally reluctant to support what they perceive as increases in the power of the federal government. States and territories may also hold referendums.
  • State parliaments are subject to the national Constitution as well as their state constitutions. A federal law overrides any state law not consistent with it. In practice, the two levels of government cooperate in many areas where states and territories are formally responsible, such as education, transport, health and law enforcement. Income tax is levied federally, and debate between the levels of governments about access to revenue and duplication of expenditure functions is a perennial feature of Australian politics. Local government bodies are created by legislation at the state and territory level.
  • The Council of Australian Governments (COAG) is a forum to initiate, develop and implement national policy reforms requiring co-operative action between the three levels of government: national, state or territory, and local. Its objectives include dealing with major issues by cooperating on structural reform of government and on reforms to achieve an integrated, efficient national economy and a single national market.
  • The principle of the separation of powers is that, in order to prevent oppressive government, the three powers of government should be held by separate bodies – the Legislature, Executive and Judiciary – which can act as checks and balances on each other.
  • The Governor-General performs the ceremonial functions of head of state on behalf of the Queen. While executive government powers are exercised by the Governor-General or in his or her name, such actions are carried out as advised by the Prime Minister and Ministers.
  • One of the major functions of the High Court is to interpret the Constitution. The High Court may rule a law to be un-constitutional – that is, beyond the power of the Parliament to make – and therefore of no effect. While the Parliament may override a court's interpretation of any ordinary law by passing or amending an Act of Parliament, the Parliament is subject to the Constitution. The Constitution cannot be changed by an Act of Parliament alone – a referendum of the people is necessary.
  • Because of its majority, the Government can be expected, ultimately, to have its way in the House on any matter it considers important. However, our system of government requires that the Government have the support of a majority in the House of Representatives. A Government unable to get its important legislation through the House would be expected to resign.
  • The Opposition is regarded as the 'alternative government' – which would form government if the existing government were to lose the confidence of the House, or of the people at an election. The Opposition is considered to be essential for the proper working of Australia's democratic system of government and it is an essential component of the structure of the House.
  • While government business dominates the agenda and the time of the House, the Opposition has the opportunity to express its views (which are not necessarily always critical) on all legislation and other matters initiated by the Government.
  • Australians are more trusting of their politicians than people in most wealthy countries. They are more likely to believe governments can be trusted "to do the right thing" than the citizens of 24 other countries. Only Danes, Finns, the Swiss and Cypriots have more faith in their politicians.
  • 32 countries employ compulsory voting; 19 of them, including Australia (since 1924), through enforcement.
  • The voting age in Australia was lowered from 21 years to 18 years in 1973. Some people argue that it is time to lower the voting age again – to 16.
  • The federal system is often criticised as a source of inefficiency and duplication, however a recent report claims that federalism is a flexible and efficient structure, ideal for meeting the needs of local communities, while responding to the pressures of globalisation. Federal systems provide a valuable check for the concentration of power and tend to be more transparent and less troubled by corruption than non-federal "unitary" states. Federations also provide citizens with a wider range of choices and allow policies and services to be tailored to meet the needs of communities. Competition tends to spur all Australian governments to be more innovative and responsive, the report says.