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Australian Citizenship Test

Chapter 3· 39% of exam questions

Government and the law in Australia

The Constitution and referendums, the three arms and three levels of government, the Head of State and Governor-General, elections, the courts and the police.

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Voting and the Australian Electoral Commission

Citizens aged 18 years or over must enrol to vote in federal, state and territory elections and in referenda on constitutional change; if you are not correctly enrolled you cannot vote. The Australian Electoral Commission is a Commonwealth agency responsible for conducting federal elections and referendums and for maintaining the Commonwealth electoral roll. It is independent of the government, and political parties or people in government cannot influence its decisions. Voting is by secret ballot, so you are free and safe to vote for any candidate and no one is allowed to know whom you voted for unless you choose to tell them. If you do not vote and do not have a good reason, you may have to pay a fine.

Testable facts

  • Australian citizens aged 18 years or over must enrol to vote in federal, state and territory elections and referenda
  • If you are not correctly enrolled you are not able to vote in an election
  • The Australian Electoral Commission is a Commonwealth agency responsible for conducting federal elections and referendums
  • The Australian Electoral Commission maintains the Commonwealth electoral roll
  • The Australian Electoral Commission is independent of the government
  • Political parties or people in government cannot influence the decisions of the Australian Electoral Commission
  • Voting in an Australian election is by secret ballot
  • No one is allowed to know whom you have voted for unless you choose to tell them
  • If you do not vote and do not have a good reason you may have to pay a fine
  • Compulsory voting is a way to make sure that the people have a say in who will govern them

Raising matters with your representatives

Australian citizens can contact their elected representative to raise concerns about government policy. In this way all Australians can have a say in forming the laws and policies of a government. If a citizen tells their elected representative that a law needs to be changed, the representative should consider what has been suggested.

Testable facts

  • Australian citizens can contact their elected representative to raise concerns about government policy
  • All Australians can have a say in forming the laws and policies of a government
  • If a citizen tells their elected representative a law needs to be changed, the representative should consider what has been suggested

Federation

Before 1901 Australia was made up of six separate, self-governing British colonies, each with its own constitution and laws on defence, immigration, postage, trade and transport. This created difficulties: trade and transport between the colonies was expensive and slow, enforcing the law across borders was difficult, and the colonies had weak systems of defence. People wanted to unite the colonies into a single nation, and a national identity was forming through sport, songs, poems, stories and art. On 1 January 1901 the colonies were united into a federation of states called the Commonwealth of Australia.

Testable facts

  • Before 1901 Australia was made up of six separate, self-governing British colonies
  • Each colony had its own constitution and laws relating to defence, immigration, postage, trade and transport
  • Trade and transport between the colonies was expensive and slow, and enforcing the law across borders was difficult
  • The separate colonies had weak systems of defence
  • On 1 January 1901 the colonies were united into a federation of states called the Commonwealth of Australia
  • Before federation, sporting teams were representing Australia internationally and an Australian culture was developing in popular songs, poems, stories and art

The Australian Constitution

The Commonwealth of Australia Constitution Act 1900 — the Australian Constitution — is the legal document setting out the basic rules for the government of Australia. It was originally passed as part of a British Act of Parliament in 1900, and came into effect on 1 January 1901 when the Australian colonies became one independent nation. It established the Parliament of the Commonwealth of Australia, consisting of a House of Representatives and a Senate, and the High Court of Australia, which has the ultimate power to apply and interpret the laws of Australia. The people can change the Constitution by voting in a referendum, such as the 1967 Referendum in which more than 90 per cent of Australians voted ‘Yes’. A referendum needs a ‘double majority’: a majority of voters in a majority of states, and a majority of voters across the nation.

Testable facts

  • The Australian Constitution is the Commonwealth of Australia Constitution Act 1900
  • The Australian Constitution sets out the basic rules for the government of Australia
  • The Australian Constitution was originally passed as part of a British Act of Parliament in 1900
  • The Australian Constitution came into effect on 1 January 1901
  • The Australian Constitution established the Parliament of the Commonwealth of Australia, consisting of a House of Representatives and a Senate
  • The Australian Constitution established the High Court of Australia
  • The High Court of Australia has the ultimate power to apply and interpret the laws of Australia
  • The Australian people can change the Australian Constitution by voting in a referendum
  • In the 1967 Referendum more than 90 per cent of Australians voted 'Yes' to allow Aboriginal peoples to be counted in the Census
  • In a referendum there needs to be a 'double majority' for the Australian Constitution to be changed
  • A double majority means a majority of voters in a majority of states and a majority of voters across the nation

How the power of government is controlled

The Australian Constitution divides the power of government between legislative power (Parliament), executive power (for example the Prime Minister and the Cabinet) and judicial power (judges), to stop one person or one group from holding all the power. Legislative power is the power to make laws, and Parliament is made up of representatives elected by the people. Executive power is the power to put the laws into practice, and the Executive includes the Prime Minister, government ministers and the Governor-General, with ministers responsible for government departments. Judges have the power to interpret and apply the law, and courts and judges are independent of parliament and government.

Testable facts

  • The Australian Constitution divides the power of government between legislative, executive and judicial powers
  • The division of power stops one person, or one group, from holding all the power
  • Legislative power is the power to make laws and belongs to Parliament
  • Parliament is made up of representatives who are elected by the people of Australia
  • Executive power is the power to put the laws into practice
  • The Executive includes the Prime Minister, Australian government ministers and the Governor-General
  • Ministers are responsible for government departments
  • Judges have the power to interpret and apply the law
  • Courts and judges are independent of parliament and government

The Head of State and constitutional monarchy

Australia's Head of State is the King of Australia, His Majesty King Charles III. The King appoints the Governor-General as his representative in Australia on the advice of the Australian Prime Minister, and the Governor-General acts independently of all political parties. The King does not have a day-to-day role in government. In each state a governor represents the King in a role similar to the Governor-General's. Australia is a constitutional monarchy, which means the King is Head of State but has to act in accordance with the Constitution; because he does not live in Australia, his powers are delegated to the Governor-General. The leader of the Australian Government is the Prime Minister.

Testable facts

  • Australia's Head of State is the King of Australia, His Majesty King Charles III
  • The King of Australia appoints the Governor-General as his representative in Australia, on advice from the Australian Prime Minister
  • The Governor-General acts independently of all political parties
  • The King does not have a day-to-day role in government
  • In each of the states there is a governor who represents the King
  • Australia is a constitutional monarchy, which means the King is Head of State but has to act in accordance with the Constitution
  • Because the King does not live in Australia, his powers are delegated to the Governor-General
  • The leader of the Australian Government is the Prime Minister

The role of the Governor-General

The Governor-General is not part of the government and must remain neutral. The role includes signing all Bills passed by the Australian Parliament into law, which is called Royal Assent; performing ceremonial duties; approving the appointment of the Australian Government and its ministers, federal judges and other officials; starting the process for a federal election; and acting as Commander-in-Chief of the Australian Defence Force. The Governor-General also has special powers known as ‘reserve powers’ that can only be used in specific circumstances.

Testable facts

  • The Governor-General is not part of the government and must remain neutral
  • The Governor-General signs all Bills passed by the Australian Parliament into law, which is called Royal Assent
  • The Governor-General performs ceremonial duties
  • The Governor-General approves the appointment of the Australian Government and its ministers, federal judges and other officials
  • The Governor-General starts the process for a federal election
  • The Governor-General acts as Commander-in-Chief of the Australian Defence Force
  • The Governor-General has special powers known as 'reserve powers' that can only be used in specific circumstances

Australia’s leaders

The King of Australia is Head of State, and the Governor-General is his representative in Australia. A Governor represents the Head of State in each Australian state. The Prime Minister leads the Australian Government, a Premier leads a state government, and a Chief Minister leads a territory government. A government minister is a Member of Parliament chosen by a government leader to be responsible for an area of government. A Member of Parliament is an elected representative of the people, and a Senator is an elected representative of a state or territory. A Mayor or Shire President leads a local government, and a Councillor is an elected member of a local council.

Testable facts

  • The Prime Minister is the leader of the Australian Government
  • A Premier is the leader of a state government
  • A Chief Minister is the leader of a territory government
  • A government minister is a Member of Parliament chosen by a government leader to be responsible for an area of government
  • A Member of Parliament is an elected representative of the people in the Australian Parliament or a state parliament
  • A Senator is an elected representative of a state or territory in the Australian Parliament
  • A Mayor or Shire President is the leader of a local government
  • A Councillor is an elected member of a local council
  • A Governor is the representative of the Head of State in each Australian state

The House of Representatives

The House of Representatives is one of the Houses of the Australian Parliament and is also called the Lower House or the People's House. Australia is divided into federal electorates, and Members of Parliament represent the people in their electorate. The number of MPs for each state and territory is based on the number of people in that state or territory. Overall there are over 150 members elected to the House of Representatives. Its role is to consider, debate and vote on proposals for new laws or changes to the laws, and to discuss matters of national importance.

Testable facts

  • The House of Representatives is also called the Lower House or the People's House
  • Australia is divided into federal electorates, and Members of Parliament represent the people in their electorate
  • The number of MPs for each state and territory is based on the number of people in that state or territory
  • There are over 150 members elected to the House of Representatives
  • The role of the House of Representatives is to consider, debate and vote on proposals for new laws or changes to the laws, and to discuss matters of national importance

The Senate

The Senate is the other House of the Australian Parliament, and is sometimes called the Upper House, the House of Review or the States' House. Voters from each state elect senators to represent them. All states are equally represented in the Senate regardless of their size or population. There is a total of 76 senators: each state elects 12 senators, and the Australian Capital Territory and the Northern Territory elect two senators each. Senators also consider, debate and vote on new laws or changes to the laws, and discuss matters of national importance.

Testable facts

  • The Senate is sometimes called the Upper House, the House of Review or the States' House
  • All states are equally represented in the Senate regardless of their size or population
  • There is a total of 76 senators
  • Each state elects 12 senators
  • The Australian Capital Territory and the Northern Territory elect two senators each
  • Senators consider, debate and vote on new laws or changes to the laws, and discuss matters of national importance

State, territory and local government

Each state government has its own parliament and constitution, and state and territory governments are based in their capital cities. State governments operate in a similar way to the Australian Government; in each state a Governor represents the King of Australia, while in the Northern Territory an Administrator is appointed by the Governor-General with similar responsibilities to a state Governor. States have rights recognised by the Constitution while territories do not: states have the power to pass laws in their own right, whereas self-governing territory laws can be altered or revoked by the Australian Government at any time. The states and the Northern Territory are divided into local government areas which may be called cities, shires, towns or municipalities, each with its own local council responsible for planning and delivering services to the local community.

Testable facts

  • Each state government has its own parliament and constitution
  • State and territory governments are based in their capital cities
  • In each state a Governor represents the King of Australia
  • In the Northern Territory an Administrator is appointed by the Governor-General
  • The role and responsibilities of the Administrator are similar to those of a state Governor
  • States have rights recognised by the Constitution while territories do not
  • States have the power to pass laws in their own right
  • Self-governing territory laws can be altered or revoked by the Australian Government at any time
  • Local government areas may be called cities, shires, towns or municipalities
  • Councils are responsible for planning and delivering services to their local community
  • Citizens in each local government area vote to elect their local councillors

What the three levels of government do

Although some responsibilities overlap, each level of government generally provides different services. The Australian Government is responsible for taxation, national economic management, immigration and citizenship, employment assistance, postal services and the communications network, social security, defence, trade and commerce, airports and air safety, and foreign affairs. State and territory governments are primarily responsible for hospitals and health services, schools, roads and railways, forestry, police and ambulance services, and public transport. Local governments are responsible for matters such as street signs and traffic controls, local roads, footpaths and bridges, drains, parks and playgrounds, rubbish collection, local libraries and community centres, and building permits.

Testable facts

  • The Australian Government is responsible for taxation and national economic management
  • The Australian Government is responsible for immigration and citizenship
  • The Australian Government is responsible for defence and foreign affairs
  • The Australian Government is responsible for social security, including pensions and family support
  • The Australian Government is responsible for postal services and the communications network
  • The Australian Government is responsible for airports and air safety, and trade and commerce
  • State and territory governments are primarily responsible for hospitals and health services
  • State and territory governments are primarily responsible for schools
  • State and territory governments are primarily responsible for police and ambulance services
  • State and territory governments are primarily responsible for roads and railways, forestry and public transport
  • Local governments are responsible for rubbish collection
  • Local governments are responsible for local roads, footpaths and bridges, and street signs and traffic controls
  • Local governments are responsible for parks, playgrounds, swimming pools and sports grounds
  • Local governments are responsible for local libraries, halls and community centres, and building permits

Political parties and forming government

A political party is a group of people who share similar ideas about how a country should be governed and who work together to have the party's ideas turned into laws. The main political parties in Australia are the Liberal Party of Australia, the Australian Labor Party, the Nationals and the Australian Greens. Most parliamentarians belong to political parties; those who do not are called ‘independents’, and people are free to join a political party if they choose. After a federal election the government is generally formed by the party or coalition of parties with the majority of members in the House of Representatives, and its leader becomes Prime Minister. The party or coalition with the second largest number of members forms the Opposition, led by the Leader of the Opposition. The Prime Minister recommends ministers, the Governor-General approves their appointment, and ministers with the most important portfolios make up the Cabinet, the key decision-making body of government.

Testable facts

  • A political party is a group of people who share similar ideas about how a country should be governed
  • The main political parties in Australia are the Liberal Party of Australia, the Australian Labor Party, the Nationals and the Australian Greens
  • Parliamentarians who do not belong to any political party are called independents
  • People in Australia are free to join a political party if they choose
  • After a federal election the government is generally formed by the party or coalition of parties with the majority of members in the House of Representatives
  • The leader of the party or coalition with a majority in the House of Representatives becomes the Prime Minister
  • The party or coalition with the second largest number of members in the House of Representatives forms the Opposition
  • The leader of the Opposition is called the Leader of the Opposition
  • The Prime Minister recommends members of the House of Representatives or Senators to become ministers
  • The Governor-General approves the appointment of the Prime Minister and ministers
  • An area of government a minister is responsible for is called a portfolio
  • Ministers with the most important portfolios make up the Cabinet, which is the key decision making body of government

How laws are made

The Australian Parliament has the power to make or change laws in Australia to benefit the nation. When a member of Parliament proposes a new law or a change to an existing one, the proposal is called a ‘Bill’. The House of Representatives and the Senate consider, debate and vote on whether they agree with the Bill. If a majority of members in each House agree to the Bill, it goes to the Governor-General, who signs it so that it becomes law — this is called Royal Assent. State and territory parliaments make their own laws in a similar way.

Testable facts

  • The Australian Parliament has the power to make or change laws in Australia
  • A proposal to introduce a new law or change an existing one is called a Bill
  • The House of Representatives and the Senate consider, debate and vote on whether they agree with a Bill
  • If the majority of members in each House of Parliament agree to the Bill, it goes to the Governor-General
  • The Governor-General signs a Bill so that it becomes law, which is called Royal Assent
  • State and territory parliaments make their own laws in a similar way

The courts, judges and juries

The courts in Australia are independent. A court decides if a person has or has not broken the law and decides the penalty, and can only base its decision on the evidence before it. The judge or magistrate is the highest authority in a court; they are independent and no one can tell them what to decide. Judges and magistrates are appointed by the government, but the government cannot take their jobs away if it disagrees with their decisions. In Australia's court system people are considered innocent until they are found guilty in a court, and every person has the right to be represented by a lawyer. A jury is a group of ordinary Australian citizens randomly chosen from the general population; the judge explains the law to the jury, the jury decides whether the person is innocent or guilty, and in a criminal trial the judge decides the penalty if the jury finds the person guilty.

Testable facts

  • The courts in Australia are independent
  • A court will decide if a person has or has not broken the law and decide the penalty
  • Courts can only base their decision on the evidence before them
  • The judge or magistrate is the highest authority in a court
  • Judges and magistrates are independent and no one can tell them what to decide
  • Judges and magistrates are appointed by the government, but the government cannot take their jobs away if it disagrees with their decisions
  • In Australia people are considered innocent until they are found guilty in a court
  • Every person has the right to be represented by a lawyer in court
  • A jury is a group of ordinary Australian citizens randomly chosen from the general population
  • The judge explains the law to the jury
  • The role of a jury is to decide in court if a person is innocent or guilty
  • In a criminal trial, if the jury finds a person guilty, the judge decides the penalty

The police

The police maintain peace and order in the community and it is their job to protect life and property. They are independent of the government. If the police believe someone has broken the law they can arrest them and bring them before a court of law; the police may give evidence in court, but the court decides whether a person is guilty. The states and the Northern Territory have their own police forces dealing with crimes under state and territory laws. Australia also has a national police force, the Australian Federal Police, which investigates crimes against federal laws such as drug trafficking, crimes against national security and crimes against the environment, and is also responsible for general police work in the Australian Capital Territory. In Australia it is a serious crime to bribe the police, and it is a crime even to offer a bribe to a police officer.

Testable facts

  • The police maintain peace and order in the community and protect life and property
  • The police are independent of the government
  • If the police believe someone has broken the law they can arrest them and bring them before a court of law
  • The police may give evidence in court, but the court decides if a person is guilty or not
  • The states and the Northern Territory have their own police forces dealing with crimes under state and territory laws
  • Australia has a national police force called the Australian Federal Police
  • The Australian Federal Police investigates crimes against federal laws such as drug trafficking, crimes against national security and crimes against the environment
  • The Australian Federal Police is responsible for general police work in the Australian Capital Territory
  • In Australia it is a serious crime to bribe the police
  • It is a crime to even offer a bribe to a police officer

Criminal and traffic offences

Not knowing the law is no excuse: if you break an Australian law you did not know about, you could still be charged. Some of the most serious crimes include murder, assault, sexual assault, violence against people or property, armed robbery or theft, sexual relations with children below the legal age of consent, dangerous driving, possession of illegal drugs, and fraud. Violence towards another person is illegal, including domestic or family violence — behaviour or threats aimed at controlling a partner by causing fear or threatening their safety — and a person who commits these crimes can go to jail whether they are a man or a woman. Road and traffic rules are controlled by state and territory governments, and people can be fined or sent to prison for breaking traffic laws. To drive in Australia you must have a local driver's licence and the car must be registered; everybody travelling in a car must wear a seatbelt and babies and young children must be in an approved car seat. It is illegal to drive after taking drugs or above the blood alcohol limit, and illegal to use a hand-held mobile device while driving.

Testable facts

  • If you break an Australian law that you did not know about you could still be charged, as not knowing the law is no excuse
  • Serious crimes in Australia include murder, assault, sexual assault, armed robbery or theft, and fraud
  • Violence towards another person is illegal in Australia and is a very serious crime
  • Domestic and family violence includes behaviour or threats that aim to control a partner by causing fear or threatening their safety
  • A person who commits domestic or family violence can go to jail, whether they are a man or a woman
  • Road and traffic rules are controlled by state and territory governments
  • People can be fined or sent to prison for breaking traffic laws
  • To drive a car in Australia you must have a local driver's licence and the car must be registered
  • Everybody travelling in a car must wear a seatbelt
  • Babies and young children must be in an approved car seat
  • It is illegal to drive after taking drugs or if you are above the blood alcohol limit
  • It is against the law to use a hand-held mobile device while driving

This is an independent study resource and is not affiliated with, endorsed by, or authorised by the government of Australia. Practice questions are written from the official study guide and are not the real exam questions. No government publishes those.