Australian System of Government, Law and Justice – Lecture Review

These flashcards cover the structure and functions of Australia’s government, the legislative process, constitutional change, and key legal principles such as the rule of law, presumption of innocence, and roles within the justice system.

What are the three levels of government in Australia?

Federal, state/territory, and local government.

Who is the leader of Australia’s federal government?

The Prime Minister.

Which level of government is responsible for immigration and national defence?

The federal government.

What is the key responsibility of state and territory governments?

Making laws that apply only within their own state or territory on matters not covered by the Australian Constitution.

Under what circumstance can a federal law overrule a state law?

When the two laws conflict, federal law prevails.

From where do local councils in Australia derive their power?

From their respective state constitutions.

What are local council rules called?

By-laws.

Name the three branches of government established in Chapters 1–3 of the Australian Constitution.

Legislature, executive, and judiciary.

Which two houses make up the Australian legislature?

The Senate and the House of Representatives.

How many MPs sit in the House of Representatives?

150 members of parliament.

What is the primary role of the House of Representatives?

To introduce, debate and vote on most Bills, representing citizens’ views.

How many senators are there in total, and how are they distributed?

76 senators – 12 from each state and 2 from each mainland territory.

Why does each state receive equal representation in the Senate?

To protect the interests of less populous states.

Who forms the federal government?

The political party (or coalition) with the most seats in the House of Representatives.

What is the role of Cabinet in Australia?

A group headed by the Prime Minister and ministers that meets to create and amend important laws.

Who becomes the Leader of the Opposition?

The leader of the largest non-government party in the House of Representatives.

What is Australia’s system of government often called?

A constitutional monarchy and a representative democracy.

Who represents the monarch in Australia?

The Governor-General.

Define a ‘Bill’.

A proposed law presented to parliament for debate and approval.

What does ‘bicameral’ mean in relation to Australia’s parliament?

It has two chambers: the House of Representatives and the Senate.

How are senators elected?

By proportional voting within each state or territory.

Why do minor parties often hold balance of power in the Senate?

Because proportional voting gives small parties and independents a better chance of gaining seats.

What two approvals are needed for a referendum to pass in Australia?

A majority of voters nationwide and a majority of voters in a majority of states (double majority).

What is ‘royal assent’?

Final approval of a law or constitutional change by the Governor-General on behalf of the monarch.

List the four main federal courts in Australia.

High Court, Federal Court, Federal Circuit Court, and Family Court of Australia.

What is the purpose of the rule of law?

To ensure everyone is subject to and equal before the law, with power separated between branches of government.

Who bears the burden of proof in a criminal trial?

The prosecution.

Explain ‘presumption of innocence’.

An accused person is considered innocent until proven guilty beyond reasonable doubt.

What is jury duty?

The civic responsibility of citizens randomly selected to sit on a jury and decide a verdict.

When might a case be heard by a judge alone without a jury?

For very minor offences or certain civil matters.

Define ‘adversarial system’.

A legal system where the defence and prosecution present opposing cases before an impartial judge or jury.

What is the main role of police in Western Australia?

To prevent, detect, and investigate crime and bring offenders before the courts.

Differentiate between a solicitor and a barrister.

Solicitors manage case preparation and client advice; barristers specialise in courtroom advocacy and legal argument.

What is a ‘Senior Counsel’?

A highly experienced and respected barrister recognised for expertise (formerly Queen’s Counsel).

Who manages proceedings in the House of Representatives?

The Speaker.

Who manages proceedings in the Senate?

The President of the Senate.

Why is the Senate often called the ‘house of review’?

Because it scrutinises, amends, or rejects bills passed by the House of Representatives.

What is meant by ‘self-government’ for territories?

Legislation granting the ACT and NT power to pass their own laws, subject to federal override.

What is required of witnesses when giving evidence in court?

They must swear an oath or affirmation to tell the truth.

Give an example of an expert witness.

A forensic accountant analysing bank records in a fraud case.

What is the primary responsibility of judges?

To apply the law impartially, ensure fair procedure, and decide sentences or verdicts where applicable.