australia.gov.au

 
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The Australian Government

The Australian Government, sometimes referred to as the Commonwealth Government or the federal government, was established by the Australian Constitution. It is divided into three arms:

  • legislature
  • executive
  • judiciary

Legislature

The legislature, also known simply as parliament, is made up of democratically-elected representatives from around Australia.

These representatives meet at Parliament House in Canberra to discuss legislation and make laws for the benefit of the nation. The issues that they can make laws on are defined by sections 51 and 122 of the Constitution.

The Parliament of Australia comprises two separate chambers:

  • the House of Representatives (or 'the lower house')
  • the Senate (or 'the upper house')

The House of Representatives has 150 members, each representing a different area of the country ('electorate'). Each electorate has roughly the same number of registered voters within its boundary, meaning that states with larger populations have more electorates and therefore more representatives in the House.

The Senate is composed of 76 members. Unlike the House of Representatives, membership of the Senate is divided evenly between the states. Each state has 12 senators, and the Northern Territory and the Australian Capital Territory have 2 senators each. The Senate was established this way to ensure that the larger states could not use their majority in the House of Representatives to pass laws that disadvantaged the smaller states.

The Constitution is silent on the role of political parties in parliament. It does not make any reference to a government party, an opposition party or minor parties, or to roles like Prime Minister and Leader of the Opposition. These are conventions that have been adopted to assist the smooth operation of the legislature.

Executive

The executive is the administrative arm of government, and is made up of government employees (the public service) working in a number of departments and agencies. The executive is empowered by the laws of Australia to put those laws into operation and uphold those laws once they have begun to operate.

A Minister is a member of the legislature who has been chosen to also work as part of the executive, usually with responsibility for matters on a specific topic (his/her portfolio).

Judiciary

The judiciary is the legal arm of the government.

Independent of the legislature and the executive, it is the role of the judiciary to enforce Australia's laws. It must also ensure that the other arms of Government do not act beyond the powers granted to them by the Constitution or by parliament. The High Court of Australia is, as its name suggests, Australia's highest court. Underneath the High Court are a number of other Federal Courts.

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