Government

Overview

Australia is an independent nation within the Commonwealth of Nations, which is headed by the British monarch. Australia recognizes the sovereignty of the British monarch, who is represented in Australia by a governor general. Australia’s political system is a parliamentary democracy that operates according to the Westminster model. The main features of the Westminster system are that the majority in the lower house of parliament forms the government and appoints the prime minister, who selects a cabinet accountable to the lower house. The minority parties form a loyal opposition. Australia’s government adheres to federalism, whereby power is divided between the national government (also known as the commonwealth) and the states.

Constitution

Australia’s constitution was approved on July 9, 1900, and went into effect on January 1, 1901. It is partly modeled after the U.S. constitution, but it does not include a “bill of rights.” The constitution establishes a federal system, whereby the national government, or commonwealth, and the states share power. The constitution clearly defines the powers of the commonwealth, and residual powers reside with the states. In the event that commonwealth law is inconsistent with state law, commonwealth law takes precedence.

Branches of Government

The nominal head of state is the governor general, who is appointed by the prime minister in consultation with the British monarch. Although the constitution stipulates that the British monarch shall appoint the governor general, the prime minister actually decides who will serve in this capacity. Australia has a bicameral parliament, consisting of the 76-member Senate and the 150-member House of Representatives. Each state has 12 senators, and each territory has two senators, regardless of population. Seats in the House are apportioned by population, but no state can have fewer than five representatives. The majority party (or party coalition) in the House of Representatives forms the government and appoints its leader as prime minister, whereupon he or she selects cabinet ministers from both chambers of parliament. The ministers are accountable to parliament, which has the right to question them publicly. Both houses of parliament may initiate ordinary legislative proposals, but all revenue bills must originate in the House. A simple majority is needed to adopt a bill in either house. A bill passed by one house is transmitted to the other for concurrence. If passed by both houses, the bill is submitted to the governor general for royal assent in the name of the queen.

Australia has an independent judiciary. Civil and criminal courts exist at the federal, state, and territorial levels. At the pinnacle of the federal court system stands the seven-member High Court, which has ultimate responsibility for appeals and constitutional reviews. State and territorial supreme, district, and county courts handle major cases. Magistrates’ and specialists’ courts handle minor cases.

Administrative Divisions

Australia is divided into six states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and two principal self-governing territories (the Australian Capital Territory, which includes the national capital of Canberra, and the Northern Territory). Australia also administers a number of territories and dependencies, including the Ashmore and Cartier Islands, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and the McDonald Islands, and Norfolk Island.

Provincial and Local Government

Under the federal system, the commonwealth shares power with the states, and the financial relationship between these two levels of government is a key challenge. The federal government collects 70–80 percent of taxes, but the responsibility for spending is more evenly shared between the commonwealth and the states. A premier heads each of the six states, and a chief minister heads each of the two territories. These figures are the leaders of the governing party in the popularly elected state or territorial legislatures.

Judicial and Legal System

Australia has an independent judiciary. The legal system is based on English common law, including the principle of judicial precedent. Defendants are entitled to a fair trial, the presumption of innocence, and representation by an attorney, and they have the right to appeal decisions and sentences. In general, judges conduct trials, and juries deliver the verdicts.

Electoral System

National elections are held at least every three years because that is the maximum term for any government. Voters rank candidates for the House of Representatives and the Senate by number, and these preferences are used to determine the winners. Voters state their preference for House candidates in their district and for Senate candidates in their state. Senators representing each of the six states are elected for six-year terms, and half of them stand for election every three years. Senators representing each of the two territories are elected for three-year terms. All members of the House serve three-year terms. Voting is universal and compulsory at age 18, and small fines are imposed on the less than 10 percent of the electorate that declines to participate. The last national elections were held in October 2004.

Politics and Political Parties

The Liberal Party and the Nationals form Australia’s governing coalition, which has been in power since 1996. This coalition solidifies an alliance between urban and rural interests, given that the Liberals primarily represent urban and pro-business voters while the Nationals, whose support is waning, primarily represent rural voters. The coalition currently holds 87 seats in the House (75 Liberal and 12 National). The main opposition party is the Australian Labor Party (60 seats in the House), which represents left-of-center and pro-trade union voters. The other parties—Australian Democrats, Australian Greens, and Family First—are small and have a marginal impact on politics. The current prime minister is John Howard, who took office in 1996 and was reelected in 1998, 2001, and 2004.

Foreign Relations

Australia’s foreign policy revolves around relations with the United States, Japan, China, and Indonesia. Throughout its history, Australia has been a close ally of the United States, and the two nations continue to maintain a close political, military, and economic relationship. Despite a wide-ranging consensus on regional issues and counterterrorism, Australia has expressed concern about the failure of the United States to ratify the Comprehensive Nuclear Test Ban Treaty or to sign the Biological Weapons Convention. Australia participated in United States-led military interventions in Afghanistan and Iraq in the early 2000s. The United States is a major trading partner, and the two nations concluded a free-trade agreement that went into effect on January 1, 2005. At the same time, Australia has increasingly close economic ties with China, with which it is pursuing a similar free-trade agreement. The achievement of free-trade agreements with both the United States and China would be a first among major nations. Australia is attempting to balance its budding friendship with China and its long-standing friendship with the United States. This balancing act could face a critical test should China ever attempt to use force against Taiwan. Complicating matters, Australia also is seeking to maintain a historically strong relationship with Japan, another rival of China. Australia’s relations with Indonesia took a turn for the better in January when Australia provided US$770 million of aid to help Indonesia recover from the December 2004 tsunami that devastated the province of Aceh. In April 2005, the two nations agreed to a “comprehensive partnership.” Relations between the two nations had suffered a severe setback in 1999 when Australia supported a United Nations-led intervention in East Timor, which had declared independence from Indonesia.

Australia has historically had a close relationship with neighboring New Zealand, based on common economic and security interests. Nevertheless, relations between the two have been strained by conflicting views of U.S. foreign policy and defense requirements. Australia has been critical of what it perceives as New Zealand’s inadequate spending on defense, and New Zealand has criticized Australia’s support for U.S. foreign policy initiatives.

Human Rights

The U.S. State Department has given Australia high marks for its respect for human rights. However, Human Rights Watch, a nongovernmental organization, has criticized Australia’s strict policies on asylum. The government discourages refugees from many countries in the region from settling in Australia. For example, in the fall of 2001 Australia refused entry to 450 Afghani refugees who were stranded in the Indian Ocean. Instead, they were sent to detention camps or deported. Australia prefers to control its borders and offer citizenship to those most likely to make an economic contribution and maintain the country’s values. Amnesty International also asserts that Australia’s counterterrorism campaign has come at the expense of human rights. Amnesty International objects to the alleged detention and questioning of terrorist suspects without charges being filed. In 2000 the United Nations Human Rights Commission criticized Australia for its treatment of aborigines.

Source: Library of Congress – Federal Research Division Country Profile