On what date did the colonies unite to form the Commonwealth of Australia?
Based on: OCB Part 3: Government and the law (Federation)
Part 3 of Our Common Bond, Government and the law, is the largest source of questions in our bank. It tests how the Australian Constitution divides power into legislative, executive and judicial arms, how the two Houses of Parliament work, what the Governor-General and the High Court do, what each of the three levels of government is responsible for, and how the courts and police enforce the law independently of government.
On what date did the colonies unite to form the Commonwealth of Australia?
Based on: OCB Part 3: Government and the law (Federation)
Which body conducts federal elections and maintains the electoral roll, independently of the government?
Based on: OCB Part 3: Government and the law (Voting)
Voting in Australian elections is by secret ballot. What does this ensure?
Based on: OCB Part 3: Government and the law (Voting / secret ballot)
On what date did the Australian Constitution come into effect, making the colonies one nation?
Based on: OCB Part 3: Government and the law (The Australian Constitution)
The Constitution divides government power into three arms to stop any one person or group holding all power. They are:
Based on: OCB Part 3: Government and the law (How is the power of government controlled?)
Under the Constitution, which body has the ultimate power to apply and interpret Australia's laws?
Based on: OCB Part 3: Government and the law (The Australian Constitution)
What change did the 1967 Referendum make to the Constitution?
Based on: OCB Part 3: Government and the law (The Australian Constitution / 1967 Referendum)
Which statement about tax in Australia is correct?
Based on: OCB Part 3: Government and the law (Participating in Australian society / tax)
What kind of system of government does Australia have?
Based on: OCB Part 3: Government and the law in Australia (p.24)
At the Australian citizenship ceremony, what do you pledge to do?
Based on: OCB Part 3: Government and the law in Australia (p.24)
Before 1901, Australia was six separate self-governing British colonies, which made trade slow and defence weak. The Australian Constitution, passed as a British Act of Parliament in 1900, came into effect on 1 January 1901, uniting the colonies into one nation, the Commonwealth of Australia. Only the Australian people can change the Constitution, by a referendum that achieves a 'double majority': a majority of voters in a majority of states, plus a national majority. To stop any one person or group holding all the power, the Constitution divides power between three arms: legislative, to make laws, held by Parliament; executive, to put laws into practice, held by the Prime Minister, ministers and the Governor-General; and judicial, to interpret and apply the law, held by judges. The High Court of Australia has the ultimate power to apply and interpret Australia's laws.
The Australian Parliament has two Houses. The House of Representatives, also called the Lower House or the People's House, has over 150 members, with each state and territory's share based on its population. The Senate, also called the Upper House, the House of Review or the States' House, has 76 senators: 12 for each state and two each for the Australian Capital Territory and the Northern Territory. The government is generally formed by the party or coalition with the majority in the House of Representatives, and ministers with the most important portfolios make up the Cabinet, the key decision-making body. Australia is a constitutional monarchy: the Head of State is the King of Australia, His Majesty King Charles III, who must act in accordance with the Constitution and has no day-to-day role in government. His powers are delegated to the Governor-General, appointed by the King on the advice of the Prime Minister. The leader titles form a ladder: the Prime Minister leads the Australian Government, a Premier a state, a Chief Minister a territory, and a Mayor or Shire President a local government.
The Australian Electoral Commission, a Commonwealth agency independent of the government, conducts federal elections and maintains the Commonwealth electoral roll. Citizens aged 18 or over must enrol and vote, voting is by secret ballot so you are free and safe to vote for any candidate, and failing to vote without a good reason can mean a fine. A proposal for a new law is called a Bill; once a majority in each House agrees, the Governor-General signs it into law, called Royal Assent. Enforcement is deliberately independent. Courts decide only on the evidence before them, the judge or magistrate is the highest authority, and the government cannot remove a judge because it disagrees with their decisions. A person is innocent until found guilty, everyone has the right to a lawyer, a randomly chosen jury of ordinary citizens decides guilt, and the judge decides the penalty. The police are also independent of the government, with the Australian Federal Police investigating crimes against federal laws; it is a serious crime even to offer a bribe to a police officer, and not knowing a law is no excuse for breaking it.
| Level | Leader | Responsibilities the test lists |
|---|---|---|
| Australian (Federal) Government | Prime Minister | Defence, immigration and citizenship, foreign affairs, social security |
| State and territory governments | Premier (state) or Chief Minister (territory) | Schools, hospitals and health services, public transport, road and traffic rules |
| Local governments | Mayor or Shire President | Rubbish collection, local libraries, halls and community centres |
Australia's Head of State is the King of Australia, His Majesty King Charles III. Australia is a constitutional monarchy, so the King must act in accordance with the Constitution and has no day-to-day role in government; his powers are delegated to the Governor-General, whom he appoints on the advice of the Australian Prime Minister.
There are 76 senators in total. Each of the six states elects 12 senators, and the Australian Capital Territory and the Northern Territory elect two senators each. The Senate is also known as the Upper House, the House of Review or the States' House.
To change the Australian Constitution, a referendum needs a double majority: a majority of voters in a majority of states, plus a majority of voters across the nation. The 1967 Referendum, in which more than 90 per cent voted 'Yes' to allow Aboriginal peoples to be counted in the Census, is the example the test cites.
State and territory governments. Our Common Bond lists schools, hospitals and health services, public transport and road and traffic rules as state and territory responsibilities, while defence, immigration and citizenship, foreign affairs and social security are federal, and rubbish collection and local libraries are local government responsibilities.
The Governor-General is the King's representative in Australia. The role includes signing Bills passed by Parliament into law (Royal Assent), acting as Commander-in-Chief of the Australian Defence Force, starting the process for a federal election, and holding reserve powers for specific circumstances. The Governor-General is not part of the government and must remain neutral.
The judge. In a criminal trial the jury, a group of ordinary Australian citizens randomly chosen from the general population, decides whether the person is guilty or not guilty, and if the verdict is guilty, the judge decides the penalty. Courts and judges are independent of parliament and government.
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