Parliament An Overview
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The Australian Constitution of 1901 established a federal system of government.
Under this system, powers are distributed between a national government
(the Commonwealth) and the six States (three Territories - the Australian
Capital Territory, the Northern Territory, and Norfolk Island have self-government
arrangements). The Constitution defines the boundaries of law-making powers
between the Commonwealth and the States/Territories.
| The Constitution: Full Description
(HTML version)| PDF
| State Governors of Australia and Administrators
of the Northern Territory and the Island Territories]
The Parliament is at the very heart of the Australian national government.
The Parliament consists of the Queen (represented by the Governor-General)
and two Houses (the Senate and the House
of Representatives). These three elements make Australia a constitutional
monarchy and parliamentary democracy.
There are five important functions of parliament:
- to provide for the formation of a government;
- to legislate;
- to provide the funds needed for government;
- to provide a forum for popular representation; and
- to scrutinise the actions of government.
Proposed laws (known as Bills) have to be passed by both Houses and be
assented to by the Governor-General
before they can become Acts of Parliament. With the exception of laws
relating to revenue and taxation (which must be introduced in the House
of Representatives), a proposed law can be introduced in either House.
Changes to the Constitution
involve action by Parliament and the people. Both Houses of Parliament
must agree on a proposed change, or if agreement cannot be reached, the
Governor-General
can present a proposal to the people. For a proposal to succeed, it must
be favoured by a majority of voters in a majority of the states, and by
a majority of voters overall.
[House of Representative Infosheet
No. 7 - Making Laws | Senate
Brief No. 8 - The Senate and Legislation | Legislation:
Sources of Australian Legislation]
The Governor-General
is appointed by the Queen on the advice of the Prime
Minister. The Governor-General performs a large number of functions
which are defined by the Constitution, but fall roughly into three categories:
constitutional and statutory duties, formal ceremonial duties, and non-ceremonial
social duties. On virtually all matters, however, the Governor-General
acts on the advice of the Ministry. The current Governor-General is Major-General
Michael Jeffery, AC, CVO, MC.
The Senate has 76 Senators
- 12 are elected for each of the 6 states, and 2 each for the Australian Capital
Territory and the Northern Territory. State Senators are elected for 6 year terms,
territory Senators for 3 year terms. Historically, the Senate has been regarded
as a State's House: the States enjoy equal representation in the Senate, regardless
of their population, and State matters are still important to Senators.
The modern Senate is a very powerful Chamber. Bills cannot become law
unless they are agreed to in the same terms by each House, except in the
rare circumstances of a double dissolution followed by a joint sitting
of both the houses
The Senate has a highly developed committee
system and Senators spend much of their time on committee work. The House of Representatives
has 150 Members - each representing a separate
electoral division. Members are elected for terms of up to 3 years.
The most distinctive feature of the House is that the party or group
with majority support in the House forms the Government. The accountability
of the Government is illustrated every sitting day, especially during
Question Time.
Members have many other functions. They are involved in law
making, committee work and in representing
their electors.
The Prime Minister is appointed by
the Governor-General,
who by convention under the Constitution,
must appoint the parliamentary leader of the party, or coalition of parties,
which has a majority of seats in the House of
Representatives. This majority party becomes the government and provides
the ministers, all of whom must be members of Parliament.
The Federal Executive Council, referred to in the Constitution,
comprises all ministers, with the Governor-General
presiding. Its principal functions are to receive ministerial advice and
approve the signing of formal documents such proclamations, regulations,
ordinances and statutory appointments.
Australia operates under a Cabinet system of government. The
Cabinet, not mentioned in the Constitution, is the key decision-making
body of the government and comprises senior Government Ministers. The
decisions of Cabinet are given legal effect by their formal ratification
by the Federal Executive Council.
[Australian
Commonwealth Government Entry Point]
The Constitution
provides for the establishment of the High
Court of Australia and such other courts as Parliament may create.
The judges of the High Court are appointed by the Governor-General in
Council (acting on advice of the Federal Executive Council).
The functions of the High Court are to interpret and apply the
law of Australia; to decide cases of special federal significance including challenges
to the constitutional validity of laws; and to hear appeals, by special leave,
from Federal, State and Territory courts.
Parliamentary Education Office –
Education and teaching materials
Australia's System
of Government – Fact sheet by the Department of Foreign Affairs
and Trade
Sources of Information on the Parliament
– Compiled by the Parliamentary Library
Index to Australian Parliamentary Information
Senate
Briefs
Odgers' Australian Senate
Practice
House of Representatives Infosheets
House of Representatives
Practice
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